International Human Trafficking in Canada: Why so few prosecutions? by John A. Ferguson A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (Law) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) June 2012 © John A. Ferguson, 2012 Abstract This study investigated the anomaly between the claims that international human trafficking is wide spread in Canada versus the paucity of international trafficking prosecutions that have been achieved in this country following almost a decade of anti-trafficking enforcement. It relied upon a research approach that was anchored by Pierre Bourdieu’s ‘field’ theory in order to unite the disparate issues that were examined in this project into a cohesive explanation for why there have been so few international human trafficking prosecutions in Canada. This thesis examines how moral reform and radical feminism have come to dominate the trafficking discourse and how that dominance has resulted in a general understanding of the crime where the victims are vulnerable foreign women and children trafficked for the sex trade. The study traces the interaction that has taken place between the international anti-trafficking social movement and the Canadian government in order to demonstrate the influence that this social construction of international trafficking has had upon the government’s anti-trafficking policy, law and enforcement strategies. Through an analysis of government documents, statistical enforcement results, study research interviews, and alternative explanations that have been offered to account for the lack of international trafficking prosecutions, this thesis establishes that the most plausible explanation for so few international trafficking prosecutions in Canada is that the international trafficking of foreign women and girls into Canada for prostitution is not as systemic in this country as many have claimed. The examination of the lone international trafficking prosecution reveals that the victim formation which underpins the understanding of international trafficking can appreciably affect prosecutions because it dismisses from consideration as victims those persons who exist beyond the parameters of the accepted international human trafficking victim indicia. ii Preface This study was approved by the University of British Columbia Behavioural Research Board, certificate number H09-02773. iii Table of Contents Abstract ......................................................................................................................................... ii Preface ………………………………………………………………………………….……….iii Table of Contents ......................................................................................................................... iv List of Tables ……………………………………………………………………………...……vii List of Figures .………………………………………………………...………………………viii Acknowledgements ……………………………………………………………………………. ix 1. 2. 3. International Human Trafficking in Canada .................................................................1 1.1 Introduction .............................................................................................................1 1.2 Reflexivity ...............................................................................................................4 1.3 Theoretical Approach ..............................................................................................7 1.4 Research Methodology ……………………….……………………………….…11 1.5 The Story of Human Trafficking Legislation .......................................................18 1.6 Thesis Organization ..............................................................................................25 Human Trafficking (A Literature Review) ..................................................................30 2.1 Introduction ...........................................................................................................30 2.2 White Slavery.........................................................................................................31 2.3 Contemporary Human Trafficking ........................................................................48 2.4 Organized Crime ....................................................................................................66 2.5 Human Rights ........................................................................................................72 2.6 Conclusion ............................................................................................................78 The International Anti-Trafficking Social Movement .................................................80 3.1 Introduction ............................................................................................................80 3.2 Field Theory in Practice .........................................................................................82 3.3 Social Movements ..................................................................................................84 3.4 The International Anti-Human Trafficking Social Movement ..............................88 3.4.1 Historical International Organizations ...........................................91 3.4.2 Pre-Existing International Organizations .....................................104 iv 3.4.3 4. 5. 3.5 Anti-Human Trafficking Social Movement – Canada ........................................121 3.6 Thematic Focus of the International Anti-Trafficking Social Movement ...........128 3.7 Conclusion ...........................................................................................................131 The Trafficking Victim ..................................................................................................134 4.1 Introduction .........................................................................................................134 4.2 A Social Problem ................................................................................................136 4.3 From Fallen Woman to International Trafficking Victim ..................................144 4.4 Victim Agency ....................................................................................................151 4.5 The Juridical Acceptance of the Trafficking Victim ..........................................159 4.6 Conclusion ..........................................................................................................179 International Human Trafficking in Canada ..............................................................182 5.1 Introduction .........................................................................................................182 5.2 Shaping the Juridical Field ..................................................................................183 5.3 The Anti-Trafficking Response of the Canadian Juridical Field ........................209 5.5 6. 7. Contemporary International Organizations..................................113 5.4.1 Nature of the Crime ................................................................................226 5.4.2 The Issues of the Trafficking Victim .......................................................233 5.4.3 Government Commitment .......................................................................239 Conclusion ...........................................................................................................246 A Case Study ..................................................................................................................249 6.1 Introduction .........................................................................................................249 6.2 Ng’s Narrative .....................................................................................................250 6.3 The Prosecution ..................................................................................................254 6.4 Credibility and Victim Construction ...................................................................264 6.5 Conclusion ..........................................................................................................281 Conclusion.......................................................................................................................284 7.1 Introduction ………………………………………………………………….....284 7.2 Summary of Findings .………………………………………………………….284 v 7.3 Theoretical and Practical Contribution ………………………………………...288 7.4 Policy Implications …………………………………………………………….290 7.5 Conclusion ……………………………………………………………………..294 Bibliography ..............................................................................................................................297 Appendices .................................................................................................................................320 vi List of Tables 5.1 ATIP and RCMP Human Trafficking Statistics ...…………………………... 222 vii List of Figures 1.1 Social Field Interaction ………........................................................................... 10 viii Acknowledgements Thank you to the most important person in my life, Charlotte! Without your love and support, I would never have realized this dream. I love you. I owe a tremendous debt of gratitude to Professor Catherine Dauvergne for her support of my application and for her guidance, valuable insights and continuous encouragement as my research supervisor. Catherine, you provided to me the opportunity to expand my knowledge of the study of law and I will be forever grateful. I am also indebted to my other research committee advisors, Professors Christine Boyle and Antje Ellermann. Their enthusiasm and guidance has been a great source of my academic inspiration. I would also like to thank Joanne Chung and my fellow classmates who enriched this experience through their friendship, support and humour which were and are, greatly appreciated. And finally, to Professor Alan Hunt of Carleton University – thank you for your advice, counsel and encouragement. ix 1. International Human Trafficking in Canada 1.1 Introduction The Canadian government, in fulfilment of its obligations as a signatory of the United Nations Convention against Transnational Organized Crime (Annex II- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) 1, has been actively pursuing the crime of human trafficking within Canada since 2000. Government efforts have included the advancement of anti-human trafficking public awareness campaigns, the creation of anti-human trafficking legislation, the implementation of new immigration policies related to human trafficking, the development and implementation of anti-human trafficking policing enforcement strategies and training, and the provision of expanded trafficking victim services that span all levels of government, in partnership with non-government organizations (NGOs).2 During this same period, human trafficking has also received considerable attention from NGOs, international and national, as well as from the Canadian media, who together have advanced the message that international human trafficking is extensive and prolific in Canada.3 1 2 3 United Nations Convention against Transnational Organized Crime (Annex II - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children), 15 November 2000, UNTS vol 2237 at 319, G.A. Res. 55/25. Immigration and Refugee Protection Act , SC 2001, c.27, s. 118; Criminal Code of Canada, RSC 1985, c. C-46, s 279.01, (CCC amendment 2005). Department of Justice Canada, “Trafficking in Persons” (2009) online: Department of Justice Canada <http://www.justice.gc.ca/eng/fs-sv/tp/>. The media and NGO attention regarding international human trafficking is detailed in the literature review of Chapter 2, the examination of the Anti-trafficking social movement in Chapter 3 and the Analysis of the Trafficking Victim Construction provided in Chapter 4. Recent media and NGO examples are: Daphne Bramham, “Canada still has much to do when it comes to human trafficking” (June 19, 2010) Vancouver Sun Newspaper, Vancouver, Canada. Article indicates that globally, 12.3 million people are trafficked annually of which 56 percent are women and girls. The article also references a Royal Canadian Mounted Police (RCMP) study of 2003 which indicated that 6 to 8 hundred persons are trafficked into Canada each year, with a notation in the article that immigrant service agencies believe the RCMP estimate of persons trafficked into Canada each year is too low; Navdeep Bains, “Stop epidemic of human trafficking” (May 24, 2010) The Hill Time (online), Ottawa, online: The Hill Time <www.thehilltimes.ca>. The article indicates that 800,000 people are trafficked 1 Yet, by the end of 2010, following almost a decade of focused attention on the part of the Canadian government, NGOs and the media, there had not been one successful prosecution in Canada of ‘cross border’ human trafficking. Not only had there not been one successful international human trafficking prosecution in Canada but up until early 2011, there had only been one such prosecution ever attempted. 4 Currently, there are only two cases, involving multiple defendants, related to international trafficking that are before the courts, one in British Columbia and the other in Ontario.5 This study has pursued the question: Why have there been so few ‘cross border’ human trafficking prosecutions in Canada given the numerous published claims that transnational human trafficking is widespread across the country? The answer, I believe, rests within the complex interrelationship among a variety of contributing factors that have been influenced by one overarching theme. Specifically, this research project demonstrates that Canada’s efforts to combat and prevent ‘cross border’ human trafficking have been predicated upon a singular understanding of human trafficking that has equated transnational human trafficking in Canada to a crime largely involving vulnerable women and girls forced into prostitution. However, contrary to the many published claims that have advanced this understanding, there is actually little evidence to support the belief that this form of international human trafficking exists within Canada to any substantial degree. The 4 5 across borders each year and references the anecdotal story of a Canadian victim of sex trafficking as a means of encouraging more enforcement action in Canada; The Future Group (2010) <http://www.thefuturegroup.org> - Website for Canadian NGO focused on human trafficking which has claimed that: “One of today’s biggest human rights crises is the international trafficking of women and girls (and, to a lesser extent, boys) into sex slavery. Human trafficking is the third largest criminal industry in the world…”. R. v. Ng  B.C.J. No. 1388, 2007 BCPC 2004 (QL). The only cross border trafficking prosecution undertaken during the study period which was unsuccessful. See the following news reports for details of the charges that are currently before the Court: CBC News. “Slavery Charge issued against BC woman”, May 16, 2011, online: CBC News <http://www.cbc.ca/news/canada/british-columbia/story/2011/05/16/bc-human-slavery-charge.html>; Aimee Mayer, “Family Faces Criminal Charges For Human Trafficking in Canada” (2011) online: Human Rights Brief <http://hrbrief.org/2011/04/family-faces-criminal-charges-for-human-trafficking-in-canada/>. 2 thesis traces out this theme by evaluating existing evidence, Canadian government enforcement strategies, social and political discourses, and prosecution results. There have been a small number of successful prosecutions with respect to ‘domestic’ human trafficking, in which a person has been trafficked within Canada without having crossed the country’s international boundaries.6 However, the issue of ‘domestic’ human trafficking has not been incorporated into this study other than as a peripheral consideration in relation to the subject crime of transnational human trafficking. This thesis focused on examining the issue of ‘cross border’ human trafficking because it was the main concern of the international community that first precipitated the creation of the 2000 UN Human Trafficking Protocol. And, it is because, globally, international human trafficking was, and has remained, the central consideration of the public and political discourse about human trafficking. In light of the pivotal role that prostitution plays with respect to the dominant public conception of international human trafficking and that of the associated victim, this dissertation does examine the two major opposing feminist positions regarding prostitution in order to situate this social issue within the trafficking debates and to demonstrate why prostitution is of central concern to the dominant voices within the trafficking discourse. But, the presentation of this social issue is not intended as a commentary on or as an agreement with any of the views regarding prostitution that are identified and referenced within this paper. 6 R. v. Lazore,  O.J. No. 4545, 2008 ONCJ 578 (QL) is the only reported case. There are three other separate convictions in Ontario, and two in Quebec, for domestic human trafficking but are currently unreported but referenced on various websites and news releases on the Internet. These cases all involved Canadian women/girls duped and/or forced into prostitution. See for example: Benjamin Perrin, “Confronting human trafficking in Canada” (2009) The Lawyers Weekly, online: <http://www.lawyersweekly.ca/index.php?section=article&articleid=849>. 3 Many people feel very strongly and passionately about human trafficking. This study is not about disputing that thousands of people are being trafficked around the globe and forced into a life of exploitation and enslavement. I believe this to be an unfortunate reality that is faced by many impoverished people who have become the victims of unscrupulous and violent traffickers through no fault of their own. I am sensitive to the reactions that some readers may have regarding this study and I wish to stress that there is no intention on my part to dispute the existence of the international trafficking of women for the sex trade. Rather, I am suggesting that the claims that underpin the belief that international sex trafficking is widespread in Canada do not stand up to scholarly scrutiny. 1.2 Reflexivity Sociologist Pierre Bourdieu referred to the practice of self-socio-analysis or conscious self-referencing as the practice of ‘reflexivity’ – the constant struggle for a researcher to remain objective in terms of their objective and subjective analysis within a particular area of research. Bourdieu suggested that there are three types of biases that may influence the outcome of a sociological analysis – social origins (class, gender, ethnicity); the position occupied within the academic field (how the academic field situates and defines the person); and, the person’s ‘intellectual bias’ (how he or she may view the world as a set of significations to be interpreted – intellectual introspection - rather than as concrete problems to be solved practically). As a consequence, Bourdieu believed that the researcher must constantly apply the process of reflexivity in order to ensure as balanced and as objective a result as possible.7 Bourdieu’s 7 Pierre Bourdieu and Loic J. D. Wacquant, An Invitation to Reflexive Sociology Chicago: The University of Chicago Press, Ltd., 1992) 7 -59. Mathew Eagleton-Pierce, “Examining the Case for Reflexivity in International Relations: Insights from Pierre Bourdieu”, (2009) 1 Journal of Critical Globalization Studies 111 at 111 – 113. 4 process recognizes that no analytical perspective is completely objective but that ‘objectivity’ is an ideal to which the researcher should aspire through conscious and continued reflection. To that end, the following brief description of my professional involvement with Canada’s antihuman trafficking efforts allows me to further situate myself within this study and to provide the reader with a clear understanding of why I embarked upon this thread of inquiry. I am a middle class white male who grew up in a stable middle class family, and who has enjoyed a successful career and all the associated benefits of living in a free and open society. However, although removed from the stark realities and affects of poverty and the violence that exist for many within society, especially with regards to the victims of human trafficking, my career as a police officer with the Royal Canadian Mounted Police (RCMP) has assured that I have developed a deep appreciation of the struggles that many people face while coping with the inordinate challenges that poverty renders. One challenge for me as I worked through this study was to continually situate myself and my experiences, both personal and professional, in relation to the research analysis that I was conducting in order to ensure that I was providing a tempered and balanced assessment. In 2002, I was a manager in the Royal Canadian Mounted Police (RCMP) with 26 years of service as a police officer. I was stationed in Ottawa, and was in the process of completing the establishment of a national border integrity program that involved a partnership between Canadian and American enforcement agencies to enhance Canada/US border security as part of the Canadian/American response to the tragic events of ‘911’. It was at this time that I was approached by RCMP management to assume responsibility for the organization’s national immigration enforcement program. As the new Director, I went through a series of briefings provided by the program’s staff during which I became aware of the newly created offence of 5 human trafficking as a result of the then recent enactment of the Immigration and Refugee Protection Act of 2002.8 From a personal perspective, I was shocked to hear that people, predominantly women, were being held in slave like conditions in large numbers in our country and forced to work in the sex trade. From this unquestioned understanding of human trafficking, I initiated a number of measures, in concert with others, to ensure that human trafficking investigations would become a national priority of the RCMP’s immigration enforcement program. By the beginning of 2005, I had moved on in my career but I kept both a personal and professional interest in the human trafficking strategies that have been deployed by the RCMP’s immigration enforcement program. And, after retiring from the RCMP, I have turned this interest into scholarly study. I recognize that my research pivots on the argument that the understanding of international human trafficking in Canada has been framed as a crime involving poor vulnerable women trafficked from developing countries into Canada for the purposes of prostitution. And, as suggested by Bourdieu, I constantly revisited my analysis of the research during the course of this project in relation to my social origins, my academic position and my intellectual bias as I pursued the goal of an objective and balanced assessment. But, I also believe that as a result of my unique experience as a police officer and the valuable analytical insights that this professional experience has provided, especially as the former Director of the immigration enforcement program for the RCMP, coupled with a graduate level legal education, this study has resulted in producing a more complete understanding of human trafficking in Canada than has previously existed. My experiences working in this field also influenced my selection of the theoretical framing for this study. 8 Immigration and Refugee Protection Act, S.C. 2001, c.27, s 118. 6 1.3 Theoretical Approach Alan Hunt believed that law and society are mutually constituting entities that eliminate “... the uncomfortable dichotomy between the importance and unimportance of law... [This theoretical understanding, he argued] ... serves to focus attention on the way in which law is implicated in social practices, as an always potentially present dimension of social relations, while at the same time reminding us that law is itself the product of the play and struggle of social relations.”9 From a broad perspective, I am suggesting that Canada’s response to human trafficking in the form of the 2000 UN Trafficking Protocol is a reflection of the dynamics at play in relation to the mutually constituting relationship between law and society of which Hunt spoke. Pierre Bourdieu, in his examination of the relationship between law and society, argued that in order to understand social relations, it is critical to examine the social space (the field) within which these relations take place. He believed that society is comprised of an infinite number of ‘fields’. Each field contains a shifting balance of power relationships within the hierarchical structure of the respective field, and between the ongoing struggles of agency and change that affect the field. Bourdieu contended that society’s social fields have varying degrees of dynamic interaction dependent upon the power relationships within society and within the principal actors relative to the respective fields.10 9 10 Alan Hunt, Explorations in Law and Society: Toward a Constitutive Theory of Law (New York: Routledge, Inc., 1993) at 3. Cheleen Mahar, Richard Harker, and Chris Wilkes, “The Basic Theoretical Position”, in Richard Harker, Cheleen Mahar and Chris Wilkes, eds, Introduction to the Work of Pierre Bourdieu, (London: The MacMillan Press Ltd, 1990) at 1- 25; Patricia Thomson, “Field”, in Michael Grenfell, ed, Pierre Bourdieu Key Concepts (Stocksfield: Acumen Publishing Limited, 2008) Chapter 5 at 67 - 77. Derek Robbin, The Work of Pierre Bourdieu (Buckingham: Open University Press, 1991) at 85 – 101. 7 In his study, Bourdieu maintained that “the social practices of the law are in fact the product of the functioning of a “field” [the juridical field] whose specific logic is determined by two factors: on the one hand, by the specific power relations which give it structure and which order the competitive struggles (or, more precisely, the conflicts over competence) that occur within it; and on the other hand, by the internal logic of juridical functioning which constantly constrains the range of possible actions and, thereby, limits the realm of specifically juridical solutions.”11 It is this independent characteristic of internal professional power relationships within the juridical field which Bourdieu believed, although creating a level of autonomy from other social fields, in reality, tied it very closely to the other social fields through a relationship of intense resistance to the influence of competing forms of social practice.12 Bourdieu postulated that most social fields wishing to achieve some form of social regulation from the juridical field with regard to emerging societal issues would be obligated to engage with the juridical field through a variety of measures in order to produce the desired outcomes. He argued that within social fields there is an ongoing struggle between actors within the field based on power relationships specific to the field and social relationships held by the actors, both internally within the field and externally to other social fields.13 This results in the creation of a structured hierarchy within the juridical field that produces the ‘habitus’ for the field - the habitual, patterned ways of understanding, judging and acting by the members within the field, the product of such influences as their cultural, educational, professional and regional origins, that when internalized creates a collective resemblance within the group.14 The habitus guides 11 12 13 14 Pierre Bourdieu, “The Force of Law: Toward a Sociology of the Juridical Field” (1987) 38 Hastings L.J. 814 at 816. Richard Terdiman, “Translator`s Introduction - The Force of Law: Toward a Sociology of the Juridical Field” (1987) 38 Hastings L.J. 805 at 808. Bourdieu, supra note 11, 814; Thomson, supra note 10. Terdiman, supra note 12 at 811 – 812. 8 and influences the social field’s power relationships and strategies exercised with other social fields leading to various outcomes that in a circular process reinforce and influence the respective social fields.15 For the purposes of this thesis, the juridical field should be understood as a broadly inclusive term regarding the structure and activities of a field that creates, controls, interprets, applies and amends the law in relation to the interaction with other social fields that comprise society. It is mainly comprised but not limited to organizations, departments, entities, representatives, and individuals within the government (Federal, Provincial, Regional, Municipal) such as law enforcement, immigration, corrections, judiciary, prosecutors, and courts but also includes politicians and legislatures. It is important to understand that the juridical field is a complex composition of actors in the form of individuals and organizations that are also participants in a multitude of other social fields, with varying degrees of influence due to the intricate web of power relationships that exist among and between juridical participants that result in establishing a very complex hierarchal structure that governs the juridical field and its relationships with other social fields. These relationships are dynamic and in constant flux, dependent upon the results of the evolving power relationship struggles that affect the influence that can be exerted within the juridical field, collectively and individually, and the corresponding influence that can be exerted by the juridical field within other social fields and by other social fields within the juridical field - the mutually constituting relationship between law and society. Figure 1-1 provides the reader with a general understanding of Bourdieu’s field theory through a simple visual depiction of the functioning relationship that exists between the Canadian juridical field and the international anti-human trafficking social field. It does not 15 Ibid. 9 reflect the complexities of power relationships that these two social fields may have with other social fields in society that affect the struggles between these two fields, nor the power relationships that participants in either field may have within other social fields that affect their position within the hierarchy of either the juridical field or the international anti-trafficking social field: Figure 1-116 - Social Field Interaction Bourdieu’s concept of field reinforces the overarching law and society theoretical framework of the study and brings together the disparate issues that have been examined in this project and unites them into a cohesive explanation as to why there have been so few cross 16 This schematic is a variation of a schematic referenced in: Pedro S. Hurtado, “Assessing the use of Bourdieu’s key concepts in the strategy – as – practice field” (2010) 20 Competitiveness Review: An International Business Journal 52 at 56. Please note that in this paper, I use the terms ‘juridical field’ and ‘government’ synonymously. 10 border human trafficking prosecutions in Canada. As will be demonstrated in the following chapters, I believe that the international anti-human trafficking social movement is a social field as envisaged by Bourdieu. And, drawing upon his analysis of the interaction between social fields and the juridical field, this thesis argues that the international anti-human trafficking social field successfully entered and shaped the responses to international human trafficking by the Canadian juridical field. 1.4 Research Methodology This study has relied upon Bourdieu’s theory for its structure and analytical strategies. It is not a project conducted from a ‘police studies’ perspective that is focused upon research involving the front line policing response to international human trafficking in Canada. Rather, the research for this study incorporated a socio-legal approach with the intent of exploring the broad interrelationship that has existed between the Canadian government and the international anti-human trafficking social movement, in terms of the government’s response to international human trafficking. The methodology included targeted interviews, statistical data collection/analysis, social group and government document analysis, and case law research, all of which was designed to examine the interrelationship that exists between the two social fields in support of the central hypothesis to this thesis that the international anti-human trafficking social field influenced the Canadian juridical field’s understanding of human trafficking. It began with an analysis of the insights that Bourdieu’s theory could bring to a review of the existing international human trafficking literature, as outlined in Chapter 2, in order to situate the discourse of international human trafficking that has occurred during this past century, globally and within Canada. And, in keeping with Bourdieu’s social field concept, the literature review assisted in identifying the composition, the structure, the dominant power relationships, 11 and the key themes that have existed and continue to exist within the international human trafficking discourse and the associated social field. As a result, the literature review provided critical foundational historical knowledge that was then incorporated into other areas of research pursued during the course of this study. A critical analysis of the international anti-human trafficking social movement was conducted that involved identifying first those international NGO’s and IGO’s that have raised the issue of international human trafficking through their publications and web-sites as a substantive concern and then secondly, those that have claimed that their actions and approaches to combating human trafficking have been at the international level (see Appendix A). Through an examination of the various publications and web-sites associated to these anti-human trafficking organizations, my analysis explored: their historical involvement in international human trafficking; their current views regarding the issue of international trafficking; the existence of broad interrelationships amongst the NGOs; the informal structure and composition of the international anti-human trafficking social movement; and the dominant voices of the social movement and in conjunction with its thematic focus; which were generally found to mirror the conclusions drawn from the trafficking literature review. This research step was repreated with respect to identifying anti-human trafficking NGOs that have been operating within Canada in which the NGO was or is a branch of or affiliated with an international NGO concerned about international human trafficking or was a uniquely Canadian NGO in origin that identified the need to combat human trafficking internationally from a Canadian perspective (see Appendix B). To establish the proposition that there have been ongoing power relationship struggles taking place between these two social fields such that they have influenced Canada’s response to 12 international human trafficking, an in-depth analysis was then conducted of reports centred on the issue of international human trafficking in Canada. This included the examination of related Canadian academic studies, Canadian government reports that have explored and analyzed the issue, international human trafficking reports provided by international organizations such as the International Labour Organization, and the US State Department’s annually published assessment of the global community’s efforts to combat international human trafficking. The objective of this document analysis was to validate the existence of power relationship struggles between the international anti-human trafficking social field and the Canadian juridical field. And in Chapter 5, four key reports are referenced to support the key finding of this analysis - that the international anti-trafficking social field did in fact influence the Canadian juridical field’s understanding of international human trafficking as a result of direct and indirect power relationship struggles. Face to face interviews were conducted with a number of Canadian juridical actors and with representatives from anti-trafficking NGOs during 2009 and 2010.17 These interviews represent a critical source of data for this study. They were designed to address not only any analytical gaps identified as a result of the document examination but were also to assist in validating and/or investigating the various themes that were identified as a result of the literature review and the associated analysis of the international anti-human trafficking social movement. Importantly, these interviews permitted the evaluation of the main hypothesis that has guided this project – that the international anti-human trafficking social field influenced the juridical field’s conceptualization of international human trafficking such that it resulted in a limited anti-human trafficking enforcement response. 17 University of British Columbia Behavioural Research Ethics Board Certificate of Approval #H09-02773. 13 In terms of Bourdieu’s theory of reflexivity, participation of juridical actors from key positions from within a number of government departments, both federally and provincially, was sought in order to ensure that I was not narrowing the focus of my inquiries such that those interviewed would simply echo my own perceptions derived from my past responsibilities as a juridical actor involved in the creation of Canada’s initial anti-human trafficking strategy. In total, I interviewed thirteen juridical actors, past and/or present, who have held varying degrees of direct responsibility for determining Canada’s anti-human trafficking enforcement strategy. This included representatives from such departments as the Department of Justice (DOJ), Citizenship and Immigration Canada (CIC), the RCMP, and Canada Border Services Agency (CBSA). It also included an interview with the former Minister of Justice during the formative years of Canada’s initial anti-human trafficking strategy, Irwin Cotler. A number of attempts were made to secure the participation of representatives from fifteen international and/or domestic anti-human trafficking NGOs but only two agreed to participate. However, these two interviews did make a meaningful contribution to this study. The majority of the juridical actors that participated in the interview process were invited to participate on the basis of their middle management to senior management level of responsibility in relation to the development and implementation of Canada’s anti-human trafficking enforcement strategy. I anticipated that these actors would be in a position such that they could elaborate and explain in detail why Canada adopted a particular understanding of international human trafficking and how that understanding translated into the development of specific anti-human trafficking enforcement strategies that transcended downwards to be implemented by law enforcement within the country. It is because this is not a study of policing investigative practices and techniques that interviews of frontline anti-human trafficking 14 investigators were not pursued other than interviewing two juridical actors who have had direct oversight of frontline investigations. As was confirmed later during the statistical analysis of law enforcement’s anti-trafficking efforts, the majority of frontline anti-trafficking investigations do align with the direction and strategy determined and promoted by those holding management positions within government departments. Bourdieu’s theory of reflexivity not only influenced the interview candidate selection process for the study but also impacted the formulation of the interview questions and the methodology used for conducting the interviews. To ensure that I was not imposing my views of international human trafficking in Canada upon the interview candidates, a generic interview script containing ‘open-ended’ questions was developed (See Appendix ‘C’) to guide the interview through a broad range of topics that would promote candid responses and discussion. Given the magnitude of the subject matter, I anticipated that the results of a survey format interview process would be limiting in nature and would not adequately capture the necessary information sought. International human trafficking reaches well beyond simply being a law enforcement consideration and raises a number of issues such as irregular migration, migration policy, and government anti-trafficking strategies that could be best explored in a free flowing open dialogue rather than through specific survey questions. As anticipated, many of the responses to these questions led to numerous secondary questions that sought further details that were not initially considered within the interview script but were prompted by the initial responses given by the person being interviewed. The interview questions were developed partly based on my own experience and knowledge regarding Canada’s anti-human trafficking enforcement efforts balanced by incorporating the various themes and concerns that were 15 identified during the course of the literature and anti-human trafficking social movement analyses. Each interview lasted approximately 1 ½ hours. Each interview was taped while detailed hand written notes were also taken. Each interview was transcribed at a later date, in whole or in part, in order to facilitate their analysis. The interview script was generally followed but in many instances, the interview respondents engaged in lengthy discussions and explanations at various points during the course of the interview that incorporated several potential interview questions within one response while at the same time raising additional issues. For example, during Mr. Cotler’s interview, which lasted approximately 45 minutes due to time constraints, only 4 questions were asked but his responses addressed most of the questions contained in the interview script while providing new insights into the government’s perception of international human trafficking in Canada. From a broad perspective, these interviews were designed to elicit a juridical actor’s and NGO representative’s understanding of international human trafficking in Canada; their perception of the government’s understanding of international human trafficking in Canada; their perception of how the government arrived at the particular understanding; and did those perceptions of international human trafficking shape the government’s anti-human trafficking enforcement response. The analysis of these interviews reaffirmed, extended and challenged key points identified within the literary analysis, revealed the patterns of the power relationship struggles between the anti-human trafficking social field and the Canadian juridical field, and provided personal and professional insights and explanations for the lack of international human trafficking prosecutions within Canada. Although few official statistics exist to legitimate any of the claims that have been made that international human trafficking is extensive in Canada, inquiries were made with a number 16 of Canadian government agencies with the view to determining if sufficient data existed that could through analysis determine the extent and direction of international human trafficking investigations in Canada.18 It was anticipated that this data analysis would either refute or support the perception that the Canadian government had embraced the particular social construction of international human trafficking being promoted by the international anti-human trafficking social movement such that it developed enforcement strategies that aligned with that understanding of international trafficking. The results of this analysis confirmed not only that there has been only one attempted prosecution of an international human trafficker in Canada but also provided independent statistical information with respect to the number and nature of the international human trafficking investigations that have been undertaken in the country. In addition, the statistical analysis also confirmed the number of potential international human trafficking victims that were identified by various Canadian government agencies and the number of victims who ultimately were granted a temporary resident permit in recognition of their human trafficking victimization status. The media have played a major role in advancing our understanding of international human trafficking in Canada. Two key studies of how the Canadian media have presented this issue to the public covering the period of 1999 to 2005 were examined in detail.19 Additionally, a survey sampling of media news reports covering a randomly chosen 30 day period of time in 2010 was also conducted via an Internet electronic search in order to determine if the media, 18 19 Inquiries were conducted using the Access to Information Act (R.S.C. 1985, c. A-1) s 6, with: the RCMP, Citizenship and Immigration Canada (CIC), Canada Border Services Agency (CBSA), Immigration and Refugee Board (IRB), and the Department of Justice (DOJ). See Chapter 4: Girish L. “Jeff” Gulati, “Media Representation of Human Trafficking in the United States, Great Britain, and Canada” (2010) at 16 and 22, online: <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1633574>. Christine Bruckert and Colette Parent, Trafficking in Human Beings and Organized Crime: A Literature Review (Ottawa: Royal Canadian Mounted Police - Research and Evaluation Branch, 2002) at 20 - 21. 17 both globally and within Canada, were continuing to present the issue of international trafficking in the same manner and from the same perspective as previously identified in the two studies. The results of this analysis further informed and supported the central hypothesis that has guided this study. The final research component of this study focused on an extensive examination of the only attempted prosecution of international human trafficking that has occurred in Canada. This involved a comprehensive analysis of the judicial decision in relation to: the evidence of human trafficking that was presented during the course of the trial; the prosecution and defence strategies deployed during the trail; the victim construction accepted by the Court, and the eventual outcome of the prosecution. The objective was to identify the reasons for the failure of this particular prosecution and to determine if those reasons for the dismissal of the charges related to the social construction of international human trafficking that has been advanced by the international anti-human trafficking social movement. 1.5 The Story of Human Trafficking Legislation The following is a brief overview of the chronology of the human trafficking instruments of international law, and of Canadian legislation (existing and proposed), since the beginning of the 20th century. This summary is intended to provide a reference point for the reader in relation to the later discussions and analyses that take place throughout this dissertation with respect to the Canadian government’s historical and contemporary responses to the issue of international human trafficking. It is understood that human trafficking is a component of the larger issue of human slavery which was first condemned internationally through the Vienna Congress Treaty (adopted 9 June 1815) Act XV, Declaration relative to the Universal Abolition of the Slave Trade (adopted 8 February 1815) 63 CTS 473 and, more than a century later, culminated in the United 18 Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956).20 However, this chronology is confined to only the Canadian legislative and international legal instruments that specifically relate to the crime of human trafficking. The first international anti-human trafficking agreement of the 20th century was the International Agreement for the Suppression of the “White Slave Traffic”, 18 May 1904.21 This agreement was a reflection of the international community’s concern regarding the then emerging ‘white slavery panic’22. It committed the signatories of the agreement to act in concert to protect women and girls “… against the criminal traffic known as the “White Slave Traffic””.23 This was to be accomplished by instituting measures in each country that would facilitate the identification of potential victims and the exchange of information regarding female trafficking victims from abroad who had been procured for immoral purposes. It also obligated the signatories to ensure that attempts would be made to repatriate the victim to their respective home country.24 This initial international agreement was then followed by the International Convention for the Suppression of the White Slave Traffic, 4 May 1910.25 This Convention supplemented the previous agreement of 1904 and introduced an obligation upon the signatories to punish any person who enticed, lured, deceived, threatened or abused any women or girl, for an immoral 20 21 22 23 24 25 Office of the United Nations High Commissioner for Human Rights. “Abolishing Slavery and its Contemporary Forms” (2002) at 3 – 7, online: OHCHR <http://www.ohchr.org/Documents/Publications/slaveryen.pdf>. International Agreement for the Suppression of the “White Slave Traffic”, 18 May, 1904, 1 LNTS 83. The term of ‘white slavery panic’ is a term that has been generally used in the trafficking literature to describe the public reaction to the phenomenon of white slavery that emerged during the latter part of the 19th Century. This is further discussed during the literature review contained in Chapter 2. Supra note 21 at Preamble. Ibid at Articles 1 and 2. International Convention for the Suppression of the White Slave Traffic, 4 May 1910, 8 LNTS 278, 30 UNTS 23. 19 purpose, even if she consented, into gratifying the passions of another person.26 Both this Convention and the previous international agreement were not signed by Canada because Canada was viewed as a dominion of Great Britain and thus, Great Britain’s signature alone was considered binding on all its dominions. In 1921, the League of Nations (LN), in a desire to address a number of perceived deficiencies that had been raised with respect to the two previous international agreements, introduced the International Convention for the Suppression of the Traffic in Women and Children, 30 September 1921.27 In addition to the obligations of the previous agreements, this Convention incorporated the offence of the trafficking of children of either gender, included the provision of punishment for attempted trafficking, and set out the terms for extradition of offenders between the signatories where no extradition treaty was in existence.28 This was also the first of the international anti-human trafficking agreements that Canada specifically ratified. The International Convention for the Suppression of the Traffic in Women of Full Age, 11 October 1933, introduced a new dynamic into the issue of human trafficking. In particular, this Convention was structured such that it only viewed human trafficking in terms of crossing an international boundary and it was limited to the trafficking of women or girls of full age abroad for an immoral purpose.29 In effect, it permitted various countries that tolerated domestic prostitution to support international anti-human trafficking measures without having to face the need to change any internal domestic legislation or policies in relation to prostitution. 26 27 28 29 Ibid at Articles 1 and 2. International Convention for the Suppression of the Traffic in Women and Children, 30 September 1921, 9 LNTS 415. Ibid at Articles 2, 3 and 4. International Convention for the Suppression of the Traffic in Women of Full Age, 11 October 1933, 150 LNTS 431, 53 UNTS 13, Article 1. 20 Following World War II, the newly established United Nations introduced the Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of Others, 2 December 1949.30 This Convention represented a consolidation of the previous four international agreements but more importantly, introduced two significant issues that had not been previously addressed. First, the Convention used terminology that was gender and race neutral such that a victim of trafficking could potentially be from either gender and from any race. And secondly, the Convention specifically raised the issue of prostitution as a matter of international law and not just an issue of domestic politics.31 Canada was among the many countries that did not ratify this Convention.32 These first five international agreements established human trafficking as a crime involving women and prostitution. Although the 1949 Convention gives the appearance of gender neutrality, arguably, it remained an international legal instrument that continued to define human trafficking as predominantly an issue involving women and prostitution. As will be discussed in Chapter 3, it is my belief that this Convention failed to secure any significant degree of support among the international community because of its strict adherence to an unpopular anti-prostitution stance while ignoring the larger issue of human trafficking in the form of labour exploitation. The next step regarding international anti-human trafficking legal instruments took place approximately 50 years after the 1949 Convention. The UN Convention against Transnational Organized Crime was designed to formalize the need for international cooperation in order to 30 31 32 Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of Others, 2 December 1949, 30 UNTS 23. Ibid at Preamble and Articles 1 through 6. See history of ratification of the Convention at: <http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VII-11-a&chapter=7&lang=en>. 21 combat international organized crime groups whose activities were of a growing concern during the 1990s.33 This Convention was preceded by the establishment of an Open-Ended Intergovernmental Ad Hoc Committee by the UN in 1998 that was assigned the responsibility of developing an anti-organized crime treaty that went beyond the initial concept and would incorporate concerns raised by numerous NGOs regarding organized crime’s involvement in international human trafficking, international human smuggling and the international trafficking of firearms, all of which eventually became annexed protocols to the Convention.34 Canada was a signatory of the Convention and the annexed protocols that were produced. As a result of the 2000 UN Convention (Annexed Human Trafficking Protocol), international human trafficking was defined as: ‘“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”35 The significance of this Protocol, as per Article 5, is that it obligated the participating nations to criminalize the defined conduct of human trafficking within their own respective domestic legislation, although it did not impose the requirement for any specific criminal law sanctions. But, Article 4 of the Protocol limited this international legal instrument to offences that are transnational in nature and to those which involved organized crime. As a result, this Protocol does not necessitate the creation of national legislation by any party in relation to 33 34 35 Supra note 1 at Preamble. Ibid. Ibid at Annex II - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Article 3. 22 ‘domestic’ or ‘internal’ human trafficking, nor does it obligate the criminalization of trafficking if it has been carried out by less than 3 persons, the agreed upon number to constitute an organized crime group.36 In response to the 2000 UN Convention, Canada, for the first time in its history, created the specific offence of human trafficking by incorporating the offence into the then new Immigration and Refugee Protection Act (IRPA) of 2002. The Act did not define human trafficking per se but did define the offence of human trafficking as: “No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.”37 Notably, this section indicates that the offence of human trafficking can be committed by as few as one person. Additionally, there is no reference within this section as to the various types of exploitation that constitute human trafficking, nor is there any reference requiring the involvement of organized crime in order to constitute the offence. In 2005, as a result of Bill C-49, Canada introduced ‘domestic’ human trafficking legislation through amendments to the Criminal Code. Section 279.01 introduced the new offence of ‘domestic’ human trafficking wherein the crossing of Canada’s international boundary was not a requirement for committing the offence. However, Section 279.01 can also be used in relation to a charge related to cross border human trafficking, but to date, this has not occurred. The four sections collectively provide a more detailed understanding of the offence of human trafficking in keeping with the 2000 UN Trafficking Protocol but the sections refrain from 36 37 Ibid at Articles, 4 and 5. See also main convention: United Nations Convention against Transnational Organized Crime at Article 2 (a), “Use of terms”. Immigration and Refugee Protection Act, S.C. 2001, c.27, s 118 (1). 23 highlighting the sex trade as a form of trafficking exploitation.38 Rather, Section 279.04 defines exploitation as: “For the purposes of sections 279.01 to 279.03, a person exploits another person if they (a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or (b) cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.”39 Bill C-268, a Private Member’s Bill, was submitted to the Canadian House of Parliament by Member of Parliament, Joy Smith, on January 9th, 2009. The Bill proposed a number of further amendments to the Criminal Code by introducing the offence of human trafficking specifically related to children (Section 279.011), and by imposing a minimum five year penalty for the offence of human trafficking, and a minimum penalty of 6 years if aggravated circumstances applied. This Bill received Royal Assent on June 29th, 2010.40 Two other Canadian legislative initiatives have also been undertaken. The first was another Private Member’s Bill for the House of Commons, Bill C-269, which was introduced by Member of Parliament, Marlene Jennings, and calls for an amendment to the Immigration and Refugee Protection Act (Section 24) so that the decision as to whether or not to issue a ‘temporary resident permit’ to a trafficking victim is not dependent upon the victim’s participation in the trafficking investigation nor any subsequent legal proceedings. This Bill 38 39 40 Criminal Code R.S.C. 1985, c. C-46, s 279.01 through 279.04, inclusive. Laura Barnett, “Bill C-49, An Act to Amend the Criminal Code – Trafficking in Persons” (2006) online: Library of Parliament, Law and Government Division <http://www2.parl.gc.ca/Sites/LOP/LegislativeSummaries/Bills_ls.asp?Parl=38&Ses=1&ls=C49>. Criminal Code R.S. 1985, c. C-46, s 279.04. Canada, Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years of age), 2 nd Sess, 40th Parl, 2009, (as passed by the House of Commons 30 September 2009). 24 passed first reading as of January 29th, 2009 and was deemed to have been considered and approved at all stages completed at the time of Parliament’s prorogation in March of 2011.41 The second Bill, Bill S-223, is a Private Senator Public Bill that was initially introduced by Senator Gerard Phalen on February 4th, 2009 and became the responsibility of Senator Sharon Carstairs upon Senator Phalen’s retirement. The Bill called for an amendment to the Immigration and Refugee Protection Act such that a trafficking victim would initially receive a ‘temporary resident permit’ to stay in Canada for a period of 180 days, and be eligible for an additional permit of up to three years if the victim co-operated with law enforcement authorities with respect to the trafficking investigation and prosecution. This Bill passed third reading in the Senate as of December 9th, 2009 and was to then proceed to the House of Parliament for consideration but died on the ‘order paper’ when Parliament was prorogued in March 2011.42 I have provided this chronology of both international and Canadian legislative responses to the issue of human trafficking, not only to detail the historic legal evolution of the crime of human trafficking in order to situate the discussions concerning trafficking that take place in the dissertation, but also to highlight that Canada has all the necessary legal authority to investigate and prosecute offences of international human trafficking in Canada. 1.5 Thesis Organization The six chapters that follow this introduction are structured to advance the core finding of the study – that the international anti-human trafficking social movement has contributed to the low prosecution rates of international human traffickers in this country by influencing the 41 42 Canada, Bill C-269, An Act to amend the Immigration and Refugee Protection Act (victim – trafficking in persons), 2nd Sess, 40th Parl, 2009, (first reading 29 January 2009). Canada, Bill S-223, An Act to amend the Immigration and Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking, 2nd Sess, 40th Parl, 2009, (first reading 4 February 2009). 25 Canadian government into accepting a specific social construction of international human trafficking. Each of the chapters contributes to an understanding of the complex interrelationship between the international anti-human trafficking social field and the Canadian juridical field. This includes such areas as the composition and development of an antitrafficking social movement, how this movement has successfully advanced its promoted conceptualization of trafficking, and how the Canadian government’s responses have drawn upon this understanding. Chapter 2 provides an analysis of the trafficking literature with the intent of identifying the major themes and debates that have been framed within the material and advanced by the dominant voices of the trafficking discourse, moral form and radical feminism. This includes examining the literature in terms of such issues as: the historical connections between the white slavery panic and contemporary human trafficking; the debates over the ability of women to exercise ‘agency’ with respect to participation in prostitution; the role of organized crime in orchestrating human trafficking; the imbedded issue of women’s human rights; and the assertion that human trafficking is a continuation of the moral panic that first emerged during the white slavery panic. Chapter 3 begins the empirical work of the thesis by examining a study pertaining to a social movement that interacted with a juridical field in order to underscore the relevance of Bourdieu’s field concept to this study. The chapter then proceeds with the analysis of the literature, NGO publications and NGO websites concerning the international anti-human trafficking social movement43 over the course of its evolution during the 20th century. The 43 Scholars such as James Hathaway have often referred to the existence of the ‘anti-trafficking social movement’, inferring that it is an informal group of individuals and organizations that share a collective interest to influence government responses to human trafficking. I am using the term ‘international anti- 26 analysis includes the application of Bourdieu’s theory in concert with social movement literature to explain why disparate organizations that would not normally be affiliated due to conflicting agendas can come together and collaboratively form a seemingly unified anti-trafficking movement. The chapter establishes the foundation of the interaction between the anti-trafficking social field and the juridical field through the identification of: the dominant voices within the social movement that reflect the power relationships within the structured field, the historic lineage of the movement from its international inception during the white slavery panic to today’s contemporary version, and the thematic focus of the social movement which has been premised upon concerns over morality and the changing role of women in society. Chapter 4 is devoted to examining the human trafficking victim as portrayed by the dominant voices of the anti-trafficking movement, moral reform and radical feminism. It analyzes the imagery and narratives used in the literature, on NGO websites, in newspapers, and in government publications to depict the victim. It is my belief, in keeping with Bourdieu’s work, that the sympathetic vulnerable female victim that has been portrayed and has dominated the trafficking discourse and literature, is symbolically situated within the juridical field as a ‘signpost’ - a guide for the police, the government, legislators, and social activists to understand human trafficking as a crime against women, and to respond accordingly. This particular socially constructed trafficking victim provides a unity of purpose for the diverse parties that comprise the juridical field, based on their acceptance of her role as ‘the’ victim, which has reinforced and nurtured a singular understanding of international human trafficking. trafficking social movement’ from much the same context. But, I have added the word ‘international’ to denote that this movement, as is discussed in detail in Chapter 3, is international in scope. And, because this study has been confined to examining the issue of international human trafficking, the designation of ‘international’ is also used in the hope that this will avoid any confusion with respect to anti-trafficking social movements concerned with domestic human trafficking. 27 Chapter 5 builds upon the analyses offered in the preceding chapters and provides the reader with a detailed examination of Canada’s response to international human trafficking. Through an analysis of: interviews conducted with key actors from the Canadian juridical field and the anti-human trafficking social field, Canadian law, government intelligence reports, government statistics, reports from government parliamentary committees, and my personal reflections while Director of the RCMP immigration enforcement program, this chapter demonstrates how the international anti-trafficking social field influenced the Canadian juridical field into accepting international human trafficking as an issue involving women and prostitution. The analysis not only confirmed that the Canadian government’s view of human trafficking is in sync with the international anti-human trafficking social movement but also determined that there is a mismatch between the intense government effort to produce evidence of international human trafficking into Canada on the one hand and the scarce results on the other. This is not the typical experience of other, arguably, similar crimes. Chapter 6 supplements the findings of Chapter 5 through a ‘case study’ analysis of the only international human trafficking prosecution in Canada during the study period. Using a step by step process, the analysis sets out the factual parameters of the case, the policing investigative approach to this particular anti-trafficking enforcement action, and the judicial reasons for the dismissal of the trafficking charges. The intent of this analysis is to highlight the reasons for the failure of this particular prosecution and to demonstrate the existence of a strong correlation between the promoted social construction of the international human trafficking victim and the decision rendered by the Court. It is my argument that the limited conceptualization of the trafficking victim accepted by the Court fails to address the broader social and legal complexities involved in international human trafficking. And as a result, I raise the concern that this 28 attempted prosecution of an international trafficker has only resulted in the formal sanctioning of a specific understanding of human trafficking by the juridical field that in many respects is not relevant to Canada’s situation and may affect future prosecutions of this nature. The final chapter provides a summary of the results of this study. It threads together the research findings to which each chapter has spoken with the view to supporting the final conclusion - transnational human trafficking in Canada is a misunderstood crime. And, it is because it has been misunderstood that the strategies that have been developed in order to combat this crime in Canada have proven ineffective, resulting in only one attempted prosecution. This study contributes to a more complete understanding of international human trafficking in Canada beyond the rhetoric that currently exists. It goes beyond explaining the crime itself and the superficial reasons that have been provided for why there have been so few prosecutions. It incorporates an analysis of a number of broadly interrelated and influential societal issues and theories, as reflected by the dominant voices of the international anti-human trafficking social movement, in order to account for why the Canadian government has approached human trafficking from such a very limited perspective, and as a result, generated so few trafficking prosecutions. This study suggests that much of what has transpired to date in Canada with respect to combating international human trafficking is actually a reflection of deeply entrenched and unresolved social issues involving morality, migration and gender inequity. 29 2. Human Trafficking (A Literature Review) 2.1 Introduction This chapter sets out the main parameters of the contemporary human trafficking discourse that I believe are framed and embodied within the trafficking literature. Through reference to selected works of legal scholars and academics from related disciplines, I examine the trafficking literature in terms of: the historical origins of contemporary human trafficking, the identification of the central human trafficking debates and themes, and the research gap that exists within the trafficking literature. I have also included brief references to reports produced by international and national organizations such as the annual report on human trafficking produced by the International Labour Organization (ILO) and the annual trafficking report prepared by the US State Department because I believe that in many instances these types of reports have framed some of the academic contribution to the field of human trafficking literature. Many authors have argued that there is a strong lineage and ongoing connection between the ‘white slavery panic’ that emerged during the latter part of the 19th century and today’s concerns that are being voiced within the issue of contemporary human trafficking. As a result, this chapter begins with a review of the literature in relation to the historical antecedent of contemporary human trafficking – white slavery. This includes examining the central issue that grounded white slavery - concerns regarding white women involved in prostitution – and how and why that issue, transformed into an issue of white women being trafficked for the purposes of sexual slavery, nurtured a ‘moral panic’. 30 The chapter then proceeds to outline the central debates and themes of today’s contemporary human trafficking discourse. This entails an examination of: the argument that the human trafficking discourse represents a continuation of the moral panic that occurred during the white slavery panic; the debate over women’s ‘agency’ with respect to their participation in prostitution; the contested role of organized crime in orchestrating human trafficking which underpinned the rationale for the inclusion of the Trafficking Protocol into the 2000 UN Convention Against Transnational Organized Crime; and the relationship between human trafficking victims and international human rights. 2.2 White Slavery The international concern for human trafficking that first emerged during the latter part of the 19th century has been characterized by authors such as Jo Doezema and Mary Ann Irwin as the ‘white slavery panic’.1 And as referenced in Chapter 1, this heightened concern over the issue of white slavery eventually resulted in the creation of an international legal instrument (International Agreement for the Suppression of the “White Slave Traffic”) in 1904 ostensibly designed to rescue women who had been procured to participate in immoral activities abroad. This international agreement was not concerned with whether or not white women were voluntary participants in a deemed immoral activity, rather, it obligated the signatories to take white women found to be participating in such immoral activities as prostitution into protective custody and to return them to their country of origin. The international Convention of 1910, supplemented the 1904 agreement, with the additional obligation that the signatories criminalize 1 Jo Doezema, “Loose Women or Lost Women? The re-emergence of the myth of ‘white slavery’ in contemporary discourses of ‘trafficking in women’” (1999) 1 at 4 – 9, online: Walnet <http://www.walnet.org/csis/papers/doezema-loose.html>; Mary Ann Irwin, “White Slavery As Metaphor – Anatomy of a Moral Panic” (1996) 5 Ex Post Facto: The History Journal 1 at 17 - 23, online: Walnet <http://www.walnet.org/csis/papers/irwin-wslavery.html>. 31 and punish those who enticed, lured, deceived, threatened or abused women or girls, for an immoral purpose, even if they consented.2 The trafficking literature that has studied the phenomenon of white slavery although limited does reflect an overarching theme that the white slavery panic that emerged towards the end of the 19th century was in fact a moral panic that masked deeper societal fears. Authors such as David Langum have suggested that the anti-white slavery legislation created during this period was actually a reflection of western societal anxieties regarding the issues of morality and the changing role of women in society as a result of large scale immigration due to industrialization. They have argued that the global migration of the day not only created a fear among existing influential groups within western society of being overwhelmed and consumed by strange cultures – racialized fears - but also challenged their perceptions of the role of women in society as a result of ongoing changes precipitated by migration and industrialization.3 Langum suggested that much of the social tension, especially in the US, at the end of the 19th century was focused on the migration of young girls from rural areas towards the urban 2 3 International Agreement for the Suppression of the “White Slave Traffic”, 18 May, 1904, 1 LNTS 83. International Convention for the Suppression of the White Slave Traffic, 4 May 1910, 8 LNTS 278, 30 UNTS 23, Articles 1 and 2. David Langum, Crossing Over The Line: Legislating Morality and the Mann Act (Chicago: University of Chicago Press, 1994) at 15 -23. See also: Brian Donovan, White Slave Crusades: Race, Gender, and Anti-Vice Activism, 1887-1917 (Chicago: University of Illinois Press, 2006) at 5 - 36; Phillipa Levine, “The White Slave Trade and the British Empire”, in Louis A. Knafla, ed, Crime, Gender and Sexuality in Criminal Prosecutions (Westport: Greenwood Press, 2002) 133; Kamala Kempadoo, “Introduction - From Moral Panic to Global Justice: Changing Perspectives on Trafficking”, in Kamala Kempadoo, Jyoti Sanghera and Bandana Pattanaik, eds, Trafficking and Prostitution Reconsidered – New Perspectives on Migration, Sex Work, and Human Rights (London: Paradigm Publishers, 2005); Petra De Vries, “An Image of Sexual Danger: The Dutch fight against the ‘White Slave Trade’ in the early Twentieth Century” (2005) 14:1 Social and Legal Studies 39; Deborah Brock, “Victim, Nuisance, Fallen Woman, Outlaw, Worker? Making the Identity ‘Prostitute’ in Canadian Criminal Law”, in Dorothy Chun and Dany Lacombe, eds, Law as a Gendering Practice (Toronto: Oxford University Press, 2000) 79. 32 centres due to the potential employment opportunities that could be realized as a result of industrialization. He theorized that the global migration due to industrialization held out the promise of increased economic independence for women within a male dominated society and thus, it inevitably increased social tensions by challenging the existing gender relationships.4 As a consequence of these multi-faceted fears, various academics have suggested that these influential interest groups of the 19th century were successful in swaying many western nations into creating restrictive immigration policies as a means of securing and protecting their coveted lifestyles, cultures, and perceived national identities (imagined communities). Elizabeth Rolf and Brian Donovan have suggested that interest groups in the US, who feared the diverse cultural norms reflected by the communities emerging from large scale migration, lobbied for increased restrictive immigration legislation, not only to regulate the movement of people in general but also to afford the opportunity to target specific migrant groups who were perceived as the greater threat to their cultural hegemony, often based on categories of white versus nonwhite.5 With respect to Canada, Mariana Valverde echoed the views of Langum and others by suggesting that the phenomenon of the white slavery panic in this country was the product of a complex global ‘moral panic’ reflecting the arrangements in play between a number of interrelated social issues rather than simply being the result of a unidimensional approach to an 4 5 Ibid - Langum. Elizabeth Rolph (1992). Immigration Policies: Legacy from the 1980s and Issues for the 1990s, Santa Monica: RAND, at 4; Donovan (2006), supra note 2 at 5 - 36. See also: Doezema, supra note 1 at 1 - 9; Langum, supra note 3; Levine, supra note 3. 33 underlying social issue that is represented by prostitution.6 According to Valverde, the white slavery panic, typified by the distorted vision of the forced prostitution of white women, was in reality a reflection of the concerns held by the Protestant middle class with respect to their ability to manage the tremendous changes in social, economic, and cultural relations that were occurring at the beginning of the 20th Century in relation to their continued economic and cultural superiority.7 Valverde argued that the image often used in the Canadian public domain to advance the panic was that of an innocent girl from a farm who was tempted to move to a large urban centre in the US, such as Chicago, in the hopes of securing reputable and high paying work but instead, found herself, through no fault of her own, trapped in a brothel in need of rescue. She suggested that prostitution as ‘the social evil’ within the white slavery discourse was quite an attractive concept to moral reformers, religious organizations and Canadian feminist groups as it permitted these diverse interest groups which may not necessarily have been in philosophical agreement in many areas, to have one point of common purpose.8 Defined as a form of slavery in the 1904 and 1910 international agreements, many academics such as Langum, Valverde, Doezema, and Donovan have contended that prostitution came to provide the unifying ideological platform from which the framework for the rise of the white slavery panic could be constructed. According to these authors, based on collective mutual interests embodied within an anti-prostitution stance for a number of diverse reasons, various interest groups banded together to form the anti-white slavery movement and influence western 6 7 8 Mariana Valverde, Age of Light, Soap and Water: Moral Reform in English Canada 1885-1925 (Toronto: McClelland & Stewart Inc., 1991) at 89 - 90. Ibid at 103. Ibid at 77 - 79 and 93. 34 governments, including Canada, by swaying public opinion through what could be best described as a moral crusade.9 Canadian author, John McLaren, has suggested that the moral reform component of the anti-white slavery campaign that existed during the latter part of the 19th century in Canada consisted predominantly of mainline evangelical and protestant Christian organizations including Methodist and Presbyterian churches. These moral reform organizations believed that the moral values of society from their perspective were under risk of serious decline and that every effort needed to be made in order to protect the moral and physical well being of the nation.10 Hobson and McLaren have argued that these organizations focused on the issue of prostitution because, at the time, it was one of the most visible and publically exposed sexual activities in society, an issue with which they believed the public could relate because it mainly took place in legally defined public spaces such as parks and streets. Prostitution was transformed into being a decadent sexual behaviour symbolizing everything that was wrong in society - a major social ill. For moral reform organizations, prostitution constituted a socially destructive force that placed at risk the moral reform’s sharply defined community values, including the defined social roles for men and women, that if left unchecked, posed a very real threat to the continued existence of western society.11 9 10 11 See supra note 3. John McLaren, “The Canadian Magistracy and The Anti-White Slavery Campaign”, in W. Wesley Pue & Barry Wright, eds, Canadian Perspectives on Law & Society: Issues in Legal History (Ottawa: Carleton University Press, 1988) 329. Ibid; Barbara Meil Hobson, Uneasy Virtue: The Politics of Prostitution and the American Reform Tradition (New York: Basic Books, Inc., Publishers, 1987) at 141- 154; See also: Valverde, supra note 6 at 89 - 99; Mark T. Connelly, The Response to Prostitution in the Progressive Era (Chapel Hill, NC: University of North Carolina Press, 1980) at 8 - 9. 35 Although the moral reform portion of the anti-white slavery movement contended that the growth in prostitution, associated with the growth in cities due to industrialization, was an ever present and growing menace to societal values, Jo Doezema believes that the campaign against prostitution did not resonate well with the general public.12 Hobson shares Doezema’s viewpoint and explained that the reason why the anti-prostitution campaign failed to capture overall public attention prior to the anti-white slavery campaign was because moral reform organizations did not appreciate that prostitution was viewed by many as a necessary form of labour for impoverished women. Due to their middle class consciousness, Hobson believes that the moral reform groups, especially feminist moral reformers, were often “unable to grasp the motivations, moral codes, and survival strategies of poor women - that prostitution could appear as a viable alternative to low wages and lack of employment options”13 Thus, Doezema, Hobson, Valverde and Langum have all suggested that the efforts of the moral reform organizations were shaped by their predisposition to view the world in terms of the values of the then Protestant middle class which in many respects did not include large segments of society, especially the new immigrant. However, the emergence of the fear of white slavery, according to these authors, afforded moral reform organizations the opportunity to redefine its anti-prostitution strategy in such a way as to secure public interest - to move away from the philosophy of the rescue, punishment and redemption of the wanton, sexually deviant prostitute who challenged existing social morality, and to move towards the concept of the rescue and protection of the innocent sex slave, a pure victim of immorality.14 12 13 14 Doezema, supra note 1 at 6 - 7. Hobson, supra note 11 at 5. Doezema, supra note 1 at 6 - 9; Langum, supra note 3 at 15 - 47; Valverde, supra note 6 at 77 - 103; and Hobson, supra note 11 at 141 - 154. 36 The trafficking literature suggests that moral reform groups became allied with the emerging feminist organizations because many of the participants in moral reform, especially with regards to temperance and purity social groups were also actively involved in newly forming feminist organizations which re-enforced the sharing of the common concern over prostitution. From the perspective of these authors, although there were varying feminist viewpoints expressed about the issue of white slavery, sometimes conflicting both amongst themselves and within the moral reform component, one apparent objective of many feminist organizations during the early 20th Century was to use the issue of prostitution as a way of advancing either their political and/or social influence.15 McLaren contended that many feminist reform groups in Canada such as the Women’s Christian Temperance Union (WCTU), the National Council of Women (NCW) and the Young Women’s Christian Association (YWCA) actively participated in the anti-prostitution white slavery campaign in order to raise the profile of women’s political and social rights but made little effort to actually understand the root causes of prostitution. He suggested that many feminist moral reformers, like their male counterparts, viewed the participants in prostitution as being the product of moral and possibly mental weaknesses, women in need of rescue and salvation.16 This is not to say that all feminist activities of the day were strictly moral crusades, far from it. There were also a number of diverse groups within and associated to the emerging feminist movement that held different political and social ideologies from that of moral 15 16 Langum, supra note 3 at 15 - 37; Hobson, supra note 11 at 150 - 154; McLaren, supra note 10 at 329/330; Valverde, supra note 6 at 93 - 95. Ibid – McLaren at 329/330. 37 reformers, who were very active on a number of social fronts. For example, Canadian author Janice Newton indicated that the socialist movement’s concern over white slavery was from the perspective that white slavery reflected the proof of the immorality and corruption of capitalism itself.17 To socialists, as depicted by Newton, white slavery was just another example of how the elite of society dehumanized and violated the rights of the working class under the capitalist system. Prostitution represented the manner in which rich capitalists took advantage of low wage earners, forcing women to seek this type of employment in order to feed themselves, and obligating male workers to use the services of prostitutes because of insufficient wages that inhibited single men from marrying.18 Newton wrote that female socialists did not always agree with the viewpoint of their male colleagues. She believes that feminists like Mary Cotton Wisdom viewed prostitution not only as a reflection of the traditional political conflict between capitalism and socialism but that it also involved equally important and complex gender issues such as the economic exploitation of women by men, and the problem of unfettered male sexual domination and oppression of women. Newton felt that many female socialists lobbied their male counterparts to speak out on these issues, other than from just an economic perspective, and to argue for a just social resolution to the problem of prostitution. Despite these efforts, Newton suggested that the concerns raised by the small female contingent within the left movement were mostly ignored by the male dominated leadership as it would have required the leadership to repudiate the sexual 17 18 Janice Newton, “From Wage Slave To White Slave”, in Linda Kealey & Joan Sangster, eds, Beyond the Vote: Canadian Women and Politics (Toronto: University of Toronto Press, 1989) 217 at 227. Ibid 217. 38 oppression of women by men, an opinion which they did not necessarily share with their feminist associates.19 There were other elements within moral reform organizations who also questioned some aspects of the white slavery discourse. According to Valverde, although small in number and largely disorganized, some individuals shared the feminist socialist view that the economic exploitation of women by men might be at the root of women’s vulnerability.20 And, Valverde indicated that to some extent there was a limited awareness by some feminists regarding the racist aspects of the white slavery campaign when a few within the WCTU and NCW recognized that most of the potential victims of white slavery were not white. “But they did not openly and consistently challenge the racist undertones of the moral panic. To do so would have necessitated revising their views about men of colour.”21 Thus, the overtones of racism, discrimination, economic exploitation and gender inequity were recognized by some feminists and by others within the moral reform movement as concerns embedded within the white slavery discourse but were deemed issues best left to be addressed at another time.22 Comprised mainly of moral reform and feminist interest groups, Doezema and Mary Ann Irwin have argued that the anti-white slavery social movement was publically premised upon the need to rescue a unique victim - a pure vulnerable white female forced into a life of prostitution through deception and/or use of violence who came to symbolize all that was wrong with society.23 Phillipa Levine argued that the imagery used in the white slavery narratives published during the 19th century to induce public sympathy was dependent upon the depiction of women 19 20 21 22 23 Ibid at 228 - 231. Valverde, supra note 6 at 94. Ibid at 94 - 95. Ibid. Doezema at 4 - 7 and Irwin at 1 - 4, supra note 1. 39 as passive individuals forced into satisfying the immoral sexual demands of men.24 Publications of the day by such authors as Clifford Roe and W. T. Stead contained vivid descriptions of vulnerable white female virgins, abducted and held against their will through the use of or the threat of violence, for the deviant sexual pleasures of unscrupulous men designed to evoke considerable public outcry against white slavery.25 What is important about these types of narratives is not that they generated considerable public attention and alarm for that was the intent of the stories - to appeal to the public's sense of morality and decency - to inflame their passions against the horrific crime of white slavery through the use of appalling images of injustice such that the public would collectively demand their respective governments act to seek immediate redress. What is significant about the very effective imagery presented in these narratives about white slavery that resonated so well with the public is that it linked together in the minds of the general public two previously separate social issues - prostitution and slavery.26 Prior to the white slavery panic, prostitution was presented to the public by society’s anti-prostitution faction consisting of various moral reform groups as a separate issue of immorality, a reflection of society’s decay, with virtually no overt linkages to slavery. As suggested by Levine, the anti-prostitution discourse of the day ignored the sexual exploitation and inhumane treatment of women of colour who had been victimized during the preceding centuries of the ‘slave trade’ and instead, constructed prostitution in western 24 25 26 Levine, supra note 3 at 135 - 137. Clifford G. Roe, Panders and Their White Slaves (New York: Fleming H. Revell Company, 1910); W. T. Stead, “The Maiden Tribute of Modern Babylon I: the Report of our Secret Commission” (July 6, 1885) The Pall Mall Gazette, online: YARMM Webcraft <www.attackingthedevil.co.uk/pmg/tribute/mt1.php>. Irwin, supra note 1 at 1 - 4; Levine, supra note 3 at 133 - 146; De Vries, supra note 3 at 43 - 45. 40 democracies along racial lines.27 If white women were involved, they became constructed as fallen women or sexual deviants, while if it involved women of colour their involvement in prostitution was seen as a normal aberration of their culture, neither image garnering much public sympathy or attention.28 The linking of prostitution with the powerful image of slavery, at a time of strong abolitionism, represented a new approach for the anti-prostitution element of society by permitting them to eliminate the issue of voluntary prostitution or prostitution based on deviant behaviour which, up to that point, had failed to attract much public reaction. Instead, in the assessment of such authors as Valverde, Levine and Donovan, the white slavery issue provided the anti-prostitution moral reform movement the opportunity to re-package the image of prostitution and transform white prostitutes from immoral deviant wanton women into vulnerable victims who had been abused by unscrupulous traffickers and forced into a life of sexual slavery.29 Tying prostitution to the issue of slavery created a powerful and persuasive image that resonated well with the general public but for the moral reformers to succeed against prostitution under the guise of the white slavery campaign, it was also essential that the public understood that white prostitutes could not be held responsible for their situation. According to De Vries, white prostitutes became cast as either feeble-minded women, irresponsible and lacking the ability of normalcy such that traffickers could take advantage of them or they were white women 27 28 29 Ibid - Levine at 133 - 146. Ibid; Doezema, supra note 1 at 6 - 9. Valverde, supra note 6 at 89 – 95; Levine, supra note 3; Donovan, supra note 3 at 17 - 36; See also: Janie A. Chuang, “Rescuing Trafficking from Ideological Capture: Prostitution Reform and AntiTrafficking Law and Policy” (2010) 158 U.Pa.L.Rev. 1655 at 1666 - 1668. 41 forced into sexual slavery, due to their vulnerability. As a consequence, De Vries indicated that anti-prostitution measures, designed to rescue these vulnerable victims in dire need from sexual slavery, were aggressively pursued within the established moral boundaries of the ‘white slavery panic’ because of assured strong public support.30 It is this image of a sexually violated vulnerable white women forced into sexual slavery (prostitution) that permeated the white slavery literature and according to today’s trafficking literature, was used to form the bulwark of a moral panic that infused the white slavery discourse. By appealing to public emotion within western nations through the descriptive accounts of human trafficking by such authors as Roe and Stead that detailed the horrific treatment of white women by unscrupulous villains, the anti-white slavery movement shaped public sentiment to such an emotional degree that it resulted in a significant public outcry for action by western governments to protect these purportedly frail victims. In effect, today’s academics believe that these narratives created an artificially heightened environment of turbulent public emotions that nurtured a sense of psychological panic, a sense of urgency, with respect to the need to do 'something' quickly and decisively to protect the innocent.31 What I am observing in the literature is a recognition that many authors believe that the success of the white slavery panic in terms of capturing public attention, securing international cooperation and legislation, and focusing domestic enforcement efforts against prostitution, was directly dependent upon the anti-white slavery movement's skilful use of effective imagery through exaggerated narratives that advanced a moral panic that cloaked larger societal interests. This notion of a moral panic is important to underscore at this juncture because it not only 30 31 De Vries, supra note 3 at 43 - 49 and 53 - 56. See supra notes 3, 11, and 25, and the chronology of international legal instruments provided in Chapter 1which reflect the international community’s reaction to public pressure. 42 underpinned the literary analysis of the white slavery panic, but it is this concept that has now become implicated within the trafficking literature regarding contemporary human trafficking. First introduced by Stanley Cohen in 1972, he presented the conceptual understanding of a moral panic in relation to how the public had reacted to published media accounts of what was taking place in Britain regarding the emerging youth sub-culture of the 1960s. Cohen suggested that media accounts of youth behaviour, designed to capture public attention, were a collection of stories focused on youth violence in the form of biker gangs and skin heads that resulted in the distorted impression that these stories reflected the substantive behaviour of all newly forming youth groups. As a result of these media narratives, Cohen concluded that the public began to psychologically experience a sense of vulnerability and as a result, formulated a belief that all emerging youth groups were a threat to the then existing social norms and moral standards of society.32 Using a case study involving the ‘Mods and Rockers’, two popular but diametrically opposite youth groups, Cohen demonstrated how media actions, providing a distorted focus on one element of the emerging 1960s youth sub-culture, are able to intentionally or unintentionally manipulate public sentiment such that the two youth groups, in the minds of the general public, came to represent the substance of all threatening youth behaviour in Britain. Through his analysis of the phenomenon, Cohen identified one of the most critical aspects of a moral panic – a disproportionate focus by the media on a particular issue such that it distorted the issue and resulted in encouraging public attention and reaction beyond what would normally have been expected.33 In furtherance of Cohen’s work, Stuart Hall and his colleagues, Chas Critcher, Tony 32 33 Stanley Cohen, Folk Devils and Moral Panics, 3rd Edition (Cornwall, Great Britain: T J International Ltd., 2002). Ibid. 43 Jefferson, John Clarke and Brian Roberts studied how a particular crime in Britain, ‘mugging’, had become such a social phenomenon during 1972/1973 that it generated a public panic based on the unreasonable belief that the crime represented a threat to the social order, resulting in inordinate public demands for action on the part of the government in order to protect society. They concluded that a number of the claims that had underpinned the public’s fear of the crime were based upon unreliable statistics. More importantly, they determined that because the media had used these statistics in their news stories, the public had presumed their legitimacy and had accepted the statistical information as fact. Similar to Cohen’s conclusions relative to the media’s presentation of the Mod and Rockers youth groups, Hall and his colleagues surmised that the distortion of the statistical information by the media as to the true extent of the crime resulted in an elevated out of proportion public reaction with respect to the threat the crime actually represented to society.34 Today’s trafficking literature suggests that the narratives contained in the white slavery literature reflect a classic example of a moral panic as conceptualized by Cohen and Hall. Authors such as Hobson and Irwin contend that the white slavery narratives were exaggerated depictions of white slavery designed to elevate public concern, with a particular focus on the behaviour of a specific group within society – prostitutes. They believe that the moral reform component of the anti-white slavery movement encouraged the portrayal of prostitution within the white slavery literature as a form of sexual immorality orchestrated by inhumane traffickers against an unwitting society. White female prostitutes, regardless of whether or not their participation in prostitution was voluntary or involuntary, were portrayed as victims of human traffickers in need of rescue and salvation, no exceptions. By casting the threat to society within 34 Stuart Hall, Chas Critcher, Tony Jefferson, John Clarke and Brian Roberts, Policing The Crisis: Mugging, The State, and Law and Order (New York: Holmes & Meir Publishers Inc., 1978) at 3 - 28. 44 the linked images of prostitution and slavery, the anti-white slavery literature was able to successfully generate a consensus of views amongst the public such that it was able to cast prostitution involving white women as a crime against women involving sexual slavery. Prostitution became understood as a very real threat to social norms, necessitating immediate and urgent action. This manipulation of public sentiment by the moral reform led anti-white slavery social movement has been construed by many scholars as disproportional to the reality of white slavery. No one knows the true extent of white slavery but most agree that if white slavery existed at all, it was very minimal and did not justify the moral outrage that had occurred.35 Given the numerous international agreements and related national legislation that was created in western countries to address white slavery such as the Mann Act in the Unites States, the white slavery moral panic clearly affected the then legal framework of moral regulation and social control in a number of western societies. The panic was able to effectively map out and entrench consciously through public affirmation the moral and ideological boundaries of the existing western society as defined by moral reform groups, with prostitution symbolizing the boundary that represented a threat to the very social fabric of society. McLaren indicated that the moral panic strategy of the anti-white slavery movement was also successful in Canada but in a slightly more subtle fashion. He suggested that the changes in prostitution offences within the then existing Canadian legislation were a result of the anti-white slavery campaign but were not designed to protect or rescue prostitutes as alluded to in the anti-white slavery rhetoric, except for those who could establish their virtuous innocence who were few in number, but rather, the 35 Hobson, supra note 11 at 141 - 154; Irwin, supra note 1 at 1 - 4; Doezema, supra note 1 at 1 - 10; De Vries, supra note 3 at 53 - 56; Langum, supra note 3 at 15 - 37; and Levine, supra note 3 at 135. 45 legislative changes permitted the targeting of prostitution as an immoral enterprise, holding prostitutes criminally responsible, in keeping with the anti-prostitution sentiment of the moral reform.36 For example, McLaren noted that moral reformers were successful in persuading the Canadian government to expand the definition of ‘a common bawdy house’ in 1907 to include the individual prostitutes who worked out of their own residences.37 Thus, rather than focusing the justice system efforts on targeting criminal organizations that ran brothels and purportedly were the organizers of white slavery, McLaren believes that moral reformers were pressuring the police and the courts into targeting individual prostitutes who from the reformers perspective represented the more visible threat to society’s religious and moral views as a result of their projected deviant sexual behaviour. In effect, at a time when cultural and sexual standards were seen to be shifting and in flux, according to McLaren, the only person that would be given the court’s protection would be the ‘innocent’ victim while in contrast, the ‘fallen woman’ would be dealt with harshly while her male customer enjoyed the double standard of treatment (gender inequity) embedded within the law, receiving only a minimal sentence for his transgression.38 In a similar study, Petra de Vries analyzed the affects of new anti-white slavery legislation in Holland in terms of its impact on the issue of prostitution and the influence that had been exerted by moral reform organizations. She concluded that the anti-prostitution moral reform element of society (like its counterpart in North America) had accomplished its objective through an effective moral panic because the “new legal measures [in Holland], together with 36 37 38 McLaren, supra note 10. Ibid at 331; See: Criminal Code Amendment Act, S.C. 1907, c.8, s.2. - expanded the definition of keeping a common bawdy house such that it included individual prostitutes working out of a residence. Ibid. 46 other policies on trafficking made an increasing degree of control over some aspects of women’s lives possible, while creating indifference to other aspects.”39 Like McLaren, De Vries concluded that the anti-white slavery legislative efforts were not really about the trafficking of white women but were in reality, attempts to control the sexual behaviour of women in western society during a period of time when the activities of women were seen to be challenging traditional gender roles. The white slavery panic has been portrayed in the contemporary literature as a coalescing of moral reform and feminist organizations into a social movement that generated considerable public concern and tension by linking together the two social issues of prostitution and human slavery. In terms of a moral panic, the literature also suggests that the anti-white slavery social movement was able to problematize prostitution as ‘the’ activity that represented all that was wrong in society and deserving of public and government attention which underpinned a panic that masked deeper social concerns. Through an analysis of the narratives, imagery, and government responses contained within the white slavery literature, today’s academics have concluded that the social movement of a century ago against white slavery did successfully influence various governments into imposing restrictive regulations for both immigration and for acceptable sexual behaviour in society. My analysis of the human trafficking literature that examined white slavery has also suggested that the understanding of human trafficking that began with the advent of white slavery as a crime involving the trafficking of women for prostitution continues to occupy a prominent position in the understanding of contemporary human trafficking. As will be examined in the coming pages, it is this thematic thread that many 39 Devries, supra note 3 at 54. 47 authors believe binds the two phenomena, white slavery and contemporary human trafficking, together. 2.3 Contemporary Human Trafficking For over fifty years during the life cycle of the white slavery campaign, human trafficking was understood as the trafficking of women for prostitution. So it should not come as a surprise that this core understanding of human trafficking that was reflected in the international agreements between 1904 and 1949 has continued to influence our understanding of contemporary human trafficking. Authors such as Jo Doezema have suggested that the reemergence of trafficking as an international priority in the late 1980s coincided with the collapse of the Soviet Union, the increased movement and migration of peoples in Latin American countries, and the notable feminization of global migration that was taking place during a new era of globalization. And like the conclusions drawn from her analysis of the white slavery panic, various authors have suggested that the current attention that contemporary human trafficking is receiving is directly related to the similar concerns raised during the white slavery campaign - the changing and evolving role of women in society, precipitated by increased global migration (industrialization), and perceived by various interest groups, especially those in western democracies, as a further challenge to existing societal norms.40 40 Doezema, supra note 1 at. 9 - 25; Barbara Sullivan, “Trafficking in Women – Feminism and New International Law” (2003) 5:1 International Feminist Journal of Politics 67 at 68 - 79; Maggy Lee, “Introduction: Understanding human trafficking”, in Maggy Lee, ed, Human Trafficking (Portland, Oregon: Willan Publishing, 2007) 1; Elaine Pearson, “Historical development of Trafficking – The Legal Framework of Anti-Trafficking Interventions”, in Sector Project against Trafficking in Women, eds, Challenging Trafficking in Persons: Theoretical Debate & Practical Approaches (Baden-Baden: Nomos Verlagsgesellschaft, 2005) 20; Emek M. Ucarer, “Trafficking in Women: Alternate Migration or Modern Slave Trade?”, in Mary K. Meyer and Elisabeth Prugl, eds, Gender Politics in Global Governance (Lanham, Maryland: Rowman & Littlefield Publishers, Inc., 1999) at 236 - 237. 48 According to Janie Chuang and Jo Doezema, moral reform and feminist organizations which had previously dominated the anti-white slavery movement and the associated discourse were again dominating the discourse of contemporary human trafficking and the international anti-human trafficking movement. They have suggested that as a result of this dominance, moral reform and feminist organizations resurrected the white slavery rhetoric of a century ago in relation to the trafficking of women for prostitution in order to renew the pursuit of the shared objective of global anti-prostitution reform. As a consequence, these authors believe that the anti-human trafficking movement has once again ‘problematized’ the issue of human trafficking as a crime involving women and prostitution.41 Ronald Weitzer, in his assessment of how the understanding of contemporary human trafficking has been advanced in the US, believes that the anti-trafficking movement has “… transformed itself from a social movement into a project of the U.S. government, becoming almost fully institutionalized in official discourse, legislation, and enforcement practices under the Bush administration.”42 He has argued that through this approach the anti-human trafficking social movement has again successfully implemented another ‘moral panic’ in order to influence government responses to human trafficking – responses in which prostitution has again been 41 42 Chuang, supra note 29 at 1655 - 1169; Doezema, supra note 1 at 10 - 27; See also: Ronald Weitzer, “The Social Construction of Sex Trafficking: Ideology and Institutionalization of a Moral Crusade” (2007) 35:3 Politics & Society 447. Ibid - Weitzer at 467. Example: The US State Department produces an annual report – Trafficking in Persons Report – beginning in 2001that assesses global efforts to combat human trafficking. This report penalizes any country through threat of economic sanctions if the US believes the identified country has not made a minimal effort to combat human trafficking. This report claimed for several years that women and prostitution was the main form of human trafficking. Up until 2005, the US had assumed this mantle of global referee, without any international endorsement or without having signed the 2000 UN Convention Trafficking Protocol. 49 framed as the unqualified evil of society based upon unrealistic claims and anecdotal horror stories of human trafficking advanced by ‘right wing’ moral reformers.43 Chuang, in her study of US government responses to international human trafficking, used the term ‘neo-abolitionists’ to describe the “… unlikely alliance of feminists, conservatives, and evangelical Christians who have used the anti-trafficking movement to pursue abolition of prostitution around the globe”.44 She has argued that this group, the neo-abolitionists, have controlled the anti-trafficking movement and trafficking discourse to such an extent that antihuman trafficking enforcement efforts have become transformed into an anti-prostitution enforcement campaign that marginalizes the victims of non-sex trafficking.45 Chuang noted that neo-abolitionists have successfully influenced the US government into understanding international human trafficking as mainly an issue concerning the sexual enslavement of women and girls. And, as a result, Chuang believes that the “control over the meaning of trafficking has been perhaps the greatest of the ‘neo-abolitionists’ gains because it has significantly influenced how anti-human trafficking interventions are constructed and implemented on the ground.”46 Silvia Scarpa, in her study of human trafficking, indicated that the NGOs, who participated in the eleven Vienna conferences of 1999 to draft the Trafficking Protocol portion of the Convention, although opposed philosophically in defining human trafficking, were primarily focused on the issue of women and prostitution. The first group, the International Human Rights Network, was comprised of approximately 140 NGOs consisting of moral reform and radical feminist organizations that advocated that all forms of prostitution (voluntary or forced) constituted acts of human trafficking. While the other major contingent of NGOs involved in the 43 44 45 46 Ibid at 467- 468. Chuang, supra note 29 at 1658. Ibid at 1682 - 1683. Ibid at 1658 - 1659. 50 conferences, the Human Rights Caucus, was a smaller grouping of largely feminist NGOs that supported the sex trade workers, who wanted to ensure that consensual prostitution should not be considered a form of human trafficking, and that the understanding of trafficking should be expanded such that it would include all forms of labour exploitation of either gender.47 Scarpa and other academics such as Doezema and Claudia Aradau have suggested that although a compromise was eventually reached among the participants at the Vienna conferences that resulted in a broad inclusive definition for human trafficking, a tacit acknowledgement that human trafficking does involve a wide variety of forms of labour exploitation, the negotiations themselves were consumed by the debate among feminist NGOs regarding a woman’s right of ‘agency’ - her ability to choose freely as to whether or not she wanted to be a prostitute. These debates received considerable attention at the time which resulted in the focusing of public attention away from the broad legal understanding of human trafficking detailed in the Convention towards the premise that international human trafficking, like its historical predecessor that was identified during the white slavery campaign, is once again an issue centred on women and the sex trade.48 47 48 Silvia Scarpa, Trafficking in human beings: Modern Slavery (Oxford: Oxford University Press, 2008) at 55 - 62. See Also: Jo Doezema, “Now You See Her, Now You Don’t: Sex Workers At The UN Trafficking Protocol Negotiations” (2005) 14 Social & Legal Studies 61 at 62 and 67. Ibid - Doezema at 79 – 83 and Scarpa (2008) at 42, 55 - 62; Claudia Aradau, Rethinking Trafficking in Women: Politics out of Security (New York: Palgrave MacMillan, 2008) at 29 - 33; See also: Sullivan, supra note 40 at 79 - 85; Kara Abramson, “Beyond Consent, Toward Safeguarding Human Rights: Implementing the United Nations Trafficking Protocol” (2003) 44 Harv.Int’l L.J. 473. A further analysis of the feminist debate over ‘agency’ is provided in Chapter 4 in relation to the social construction of the trafficking victim. 51 The influence exerted by the international anti-trafficking movement appears to have resulted in little attention within the contemporary trafficking literature having been paid to other forms of international human trafficking such as the trafficking of persons for the purposes of labour exploitation. Although such trafficking literature does exist, often in the form of International Labour Organization (ILO) and International Organization for Migration (IOM) publications, up until recently, the literature has tended to acknowledge the existence of trafficking for labour exploitation but then largely concentrate much of its attention on the analysis of the social construction of human trafficking - women trafficked for the sex trade. Authors such as Ann Jordan and Monika Smit have suggested that there are several reasons why the international trafficking of people for labour exploitation has failed to capture public attention.49 Jordan and her colleagues claim that in the past, human trafficking for labour exploitation lacked a visibility in the trafficking discourse comparatively to the attention that sex trafficking was receiving. They attribute this in part to the focused public interest on sex trafficking, in part 49 Ann Jordan, “Slavery, Forced Labor, Debt Bondage, and Human Trafficking: From Conceptional Confusion to Targeted Solutions” (2011) at 8 – 9, online: Program on Human Trafficking and Forced Labour, American University Washington College of Law < http://rightswork.org/wpcontent/uploads/2011/09/Issue-Paper-2.pdf>; Monika Smit, “Trafficking in human beings for labour exploitation. The case of the Netherlands” (2011) 14:2-3 Trends in Organized Crime 184. See generally: Sally Cameron, “Trafficking and Related Labour Exploitation in the ASEAN Region” (2007) at 7 – 10 and 201 – 203, online: International Council on Social Welfare (ICSW) <http://www.icsw.org/doc/Trafficking%20Labour%20Exploitation%20in%20ASEAN%2007.pdf>; Jill E.B. Coster van Voorhout, “Human trafficking for labour exploitation: Interpreting the crime” (2007) 3:2 Utrecht Law Review 44; Annina Jokinen, Natalia Ollus and Kauko Aromaa, “Trafficking for Forced Labour and Labour Exploitation in Finland, Poland and Estonia” (Helsinki: Finland – European Institute for Crime Prevention and Control, Publication Series No. 68, 2011) online: <http://www.heuni.fi/Satellite?blobtable=MungoBlobs&blobcol=urldata&SSURIapptype=BlobServer&SS URIcontainer=Default&SSURIsession=false&blobkey=id&blobheadervalue1=inline;%20filename=HEUN I%20report%2068.pdf&SSURIsscontext=Satellite%20Server&blobwhere=1296728524945&blobheaderna me1=Content-Disposition&ssbinary=true&blobheader=application/pdf>. See Chapter 3 at 102 - 109 for information concerning ILO and IOM publications. 52 to the lack of internationally acceptable standards for measuring and defining international human trafficking for labour exploitation, and in part due to the uneven application of acceptable work standards for the work environment that violations thereof might be construed as human trafficking. They indicate that the outmoded public perceptions of forced labour in the form of people being forced to work at gunpoint or to be chained in sweatshops fails to address the prolific types of labour exploitation that now exist within a legal and illegal labour market that may or may not necessitate migration. In their opinion, the boundaries between human smuggling and human trafficking have become so obscured that persons can reside legally and work illegally or reside illegally and work legally or any variation thereof that may or may not be construed as a form of human trafficking or conversely human smuggling. And as a result, they suggest that it is difficult for researchers to capture an accurate picture of what is transpiring regarding labour exploitation which may impact the ability to compete with sex trafficking for public attention.50 According to Wendy Chapkis, in her 2003 analysis of the US government’s Trafficking Victims’ Protection Act (TVPA) of 2000, and the debates surrounding its creation and implementation, feminist and anti-prostitution conservative organizations within the US captured the public discourse and focused attention on one aspect of international trafficking, sex trafficking, while obscuring the role that exploitative employment practices, restrictive US immigration legislation and policy, and the economic disparity between the have and have-not nations may play in the human trafficking narrative.51 She argued that the legislation “… was presented both to legislators and the American public as a necessary response to a massive 50 51 Ibid. Wendy Chapkis, “Trafficking, Migration and the Law: Protecting Innocents, Punishing Immigrants” (2003) 17:6 Gender & Society 923. 53 violation of innocent women and children by depraved sex traffickers”52 and that international trafficking victims are often “… described as vulnerable women and children forced from the safety of their home/homelands into gross sexual exploitation….”53 Chapkis noted that the use of unstable and misleading claims within the trafficking discourse by such organizations as the US National Organization for Women (NOW), assisted in advancing publically the concept that international trafficking was largely an issue of women and children forced into sexual slavery. 54 She reasoned that the use of these unreliable claims, focused on sex trafficking, although serving to rally public support for victims of trafficking abuse at a time when the US public was hostile towards the presence of irregular migrants (undocumented workers) in US industry, actually limited the public understanding of a much more complex issue. In addition, she argued that although the TVPA appears to symbolically support the concept “… that all prostitution is sexual slavery, the law carefully differentiates between “innocent” and “guilty” prostitutes and provides support only to the innocent.”55 Chapkis explained that within the legislation there was a recognition that all prostitutes were considered victims of sexual slavery, but at the same time, the TVPA differentiated between those who were eligible to receive protection services and those who were not - the vulnerable woman forced into prostitution who is entitled to protections established by the TVPA because she is considered to be a victim of a severe form of trafficking versus the sex worker who is recognized as a victim of sex trafficking, in general, because of her recruitment and or transportation for the purposes of commercial sex, but is denied any trafficking protections because of her voluntarily 52 53 54 55 Ibid at 925. Ibid at 924. Ibid at 925 - 926. Ibid at 924. 54 participation in prostitution.56 As a result, Chapkis encouraged feminists to question antitrafficking legislation such as the TVPA that limits a broader understanding of international trafficking and “… relies heavily on narratives of female powerlessness and childlike sexual vulnerability ....”57 I conclude from her comments that Chapkis was concerned that the acceptance of anti-trafficking legislation, American or otherwise, premised upon a narrow gender victim construction that portrays all women involved in prostitution as passive vulnerable females forced into the sex trade, promotes a simplistic understanding of trafficking and results in an anti-prostitution enforcement approach rather than addressing the far more complex issues that exist within human trafficking such as labour exploitation, poverty, irregular migration, human rights violations, immigration policy constraints, border security, economic discrimination and gender inequity in migration. Jo Doezema and Barbara Sullivan also noted that the international trafficking victim within the trafficking discourse has been largely portrayed as a vulnerable woman or child trafficked for the sex trade, a sympathetic victim that resonates well with the public and one that anchors the promoted belief that sex trafficking is the most dominant form of international human trafficking taking place. They contend that the trafficking literature depicts the trafficking victim in broad terms, highlighting her gender, innocence, naivety and desperation, often originating from conditions of severe poverty in a Third World country, vulnerable to 56 57 Ibid at 924 - 932. Trafficking Victims Protection Act of 2000 (TVPA) also known as the Victims of Trafficking and Violence Protection Act of 2000, Section 110, Pub. L. No. 106-386, 114 Stat, Pub. Law. No. 106-386, div. A, 114 Stat 1466 (codified as amended in scattered sections of 8, 18, and 22 U.S.C.). Section 103 (8) defines sex trafficking as a severe form of trafficking if the victim has been induced to participate in a commercial sex act by force, fraud, or coercion. Section 103 (9) broadly defines sex trafficking as: “ the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.”. And Section 107 (1) (a) stipulates that only victims of a severe form of trafficking qualify for assistance, online: <http://www.state.gov/documents/organization/10492.pdf>. Ibid at 935. 55 sexual exploitation by transnational organized crime groups.58 Doezema is critical of these sensationalized victim narratives that she believes are designed to encourage public demand for government action against prostitution in order to rescue the perceived vulnerable victim. She is of the view that an anti-trafficking enforcement strategy centred on the sex trade will likely be harmful to sex trade workers because of its inherent anti-prostitution stance.59 Doezema contends that an anti-prostitution focus within existing anti-trafficking enforcement strategies, rather than protecting sex workers, will force these workers into situations that place them at greater physical risk in relation to their clients in order to avoid anti-prostitution police enforcement.60 Authors such as Galma Jahic and James O. Finckenauer suggest that the image of the young unsuspecting woman, vulnerable to sexual exploitation, has been a useful tool for advancing the issue of trafficking in the public discourse but, like Chapkis, believe that this victim construction is in reality an oversimplification of a very complex problem. They believe that the advancement of this issue from a simplistic victim conceptualization – mainly vulnerable women trafficked for the sex trade - coupled with unverified statistic claims, limits the development of appropriate and effective government anti-trafficking policies and strategies in relation to the larger issues of irregular migration, poverty and labour exploitation.61 Christine Bruckert and Colette Parent have expressed similar concerns to those raised by Jahic and Finckenauer during their review of the trafficking literature. They have suggested that a simplistic approach to the conceptualization of the victim within the trafficking discourse limits 58 59 60 61 Doezema, supra note 1 at 13 - 18 and 27 - 28; Sullivan, supra note 40 at 73 - 79. Ibid – Doezema at 27 - 28. Ibid at 25 - 26. Galma Jahic and James O. Finckenauer, “Representations and Misrepresentations of Human Trafficking” (2005) 8:3 Trends in Organized Crime 24. 56 an understanding of the scope of the problem by denying the victim a voice through which they can explain their actions.62 Bruckert and Parent emphasized that this is of particular concern in relation to the portrayal of prostitution in the discourse as sexual slavery because the debates among feminists concerning agency, prostitutes, and the sex trade reveal that this remains an unsettled issue.63 Janie Chuang states that the attention that has been paid to international trafficking globally “… has mostly been in response to narrow portrayals of impoverished women and girls trafficked into the sex industry by shady figures connected to organized crime.”64 Like others, she is critical of the reductive victim construction in the trafficking literature – the vulnerable woman trafficked for prostitution – which she believes results in an incomplete understanding of trafficking because it fails to address the much more complex issue of labour exploitation encased within the phenomenon of international trafficking and the conditions that precipitate migration that render people vulnerable to trafficking victimization.65 In her recent analysis of prostitution reform and anti-trafficking law and policy in the US, Chuang noted that the antitrafficking movement has been transformed into an anti-prostitution movement by the alliance of moral reform and radical feminist organizations (neo-abolitionists).66 She argues that the neoabolitionists have resurrected the white slavery rhetoric of the past and have effectively controlled the contemporary discourse through the promotion of a limited understanding of trafficking that relies upon the portrayal of vulnerable women trafficked for the sex trade (forced 62 63 64 65 66 Christine Bruckert and Colette Parent, Trafficking in Human Beings and Organized Crime: A Literature Review (Ottawa: Royal Canadian Mounted Police - Research and Evaluation Branch, 2002) at 12. Ibid at 12 – 13. Janie A. Chuang, “Beyond a Snapshot: Preventing Human trafficking in the Global Economy” (2006) 13:1 Ind.J.Global Legal Studies 137 at 139 - 140. Ibid 137. Chuang , supra note 29 at 1664 - 1671. 57 and voluntary).67 Thus, she contends that the issue of international trafficking “rather than [being understood] as a complex phenomenon driven by deep economic disparities between wealthy and poor communities and nations … [has become constructed] … as a moral or social problem driven by social deviance or entrenched male patriarchy …”68 Although the trafficking literature does provide some focus on labour exploitation,69 I have found during the course of this literature review that the contemporary trafficking narratives largely reflect the victimization of vulnerable passive women trafficked for the sex trade70 and that this victim construction is very similar to the trafficking victim that grounded the narratives during the white slavery panic. Arguably, although the dimension of the victim construction contained in the contemporary literature has changed over time, common features between the white slavery victim and today’s human trafficking sufferer are clearly evident. As identified by Doezema and Chapkis, innocence of character, for those who have been forced into the sex trade, is one of the major concepts incorporated into the constructs that echo across the span of time.71 67 68 69 70 71 Ibid at 1666 - 1668. Ibid at 1683. See also: Weitzer, supra note 41; Alison Murray, “Debt-Bondage and Trafficking – Don’t Believe the Hype”, in Kamala Kempadoo and Jo Doezema, eds, Global Sex Workers (New York: Routledge, 1998) at 51 – 64; Kamala Kempadoo, “Introduction: Globalizing Sex Workers’ Rights”, in Kamala Kempadoo and Jo Doezema, eds, Global Sex Workers (New York: Routledge, 1998) at 1 – 28; Jyoti Sanghera, “Unpacking the Trafficking Discourse”, in Kamala Kempadoo, Jyoti Sanghera and Bandana Pattanaik, eds, Trafficking and Prostitution Reconsidered – New Perspectives on Migration, Sex Work, and Human Rights (London,: Paradigm Publishers, 2005) 3; Claudia Aradau, supra note 38 at 29 – 33. See e.g. supra note 49. See also the literature reviews of : Christine Bruckert and Colette Parent, Trafficking in Human Beings and Organized Crime: A Literature Review (Ottawa: Royal Canadian Mounted Police - Research and Evaluation Branch, 2002); Elzbieta Gozdziak and Elizabeth A. Collett, “Research on Human Trafficking in North America: A Review of Literature” (2005) 43: 1-2 International Migration 99; and Samantha Dowling, Karen Moreton, and Leila Wright, “Trafficking for the Purposes of Labour Exploitation: A Literature Review” (2007) online: Immigration Research and Statistics Service (IRSS), Home Office, England <http://www.childtrafficking.com/Docs/dowling_2007_0807.pdf>. Doezema, supra note 1 at 13 - 14; 58 In addition, the international human trafficking victim, as noted by Doezema, is often projected as a blameless female, the victim of a patriarchal system vulnerable to organized crime traffickers, and thus, in need of rescue, to which I draw a parallel to the white slavery victim narratives in which the victim, when lacking innocence as a result of her voluntary participation in prostitution, became conceptualized as feeble minded and thus, vulnerable to unscrupulous men. Within the trafficking victim construction, the dominant theme that appears to resonate in the literature today as it did in the past is that the victim is not responsible in any manner for her situation and thus by default, has no autonomy or agency. In keeping with the critiques of the trafficking literature by Chapkis, Doezema and Chuang, I believe that the portrayal of the victim as a passive and vulnerable woman subject to the sexual exploitation of unscrupulous traffickers has resulted in an oversimplification of the issue of trafficking victimization that masks the complexities that exist within the phenomenon of international human trafficking. Although a range of conflicting views and perspectives provided by moral reform, radical and moderate feminist organizations regarding the issues of women, prostitution and agency in terms of human trafficking, is evident within the literature, the focus on women and prostitution by the antitrafficking movement has ensured that the vulnerable sexually exploited female victim has dominated the discourse. The prevailing trafficking narratives perpetuate an understanding of international trafficking in terms of the international sexual exploitation of vulnerable women. Given the focus of moral reform and radical feminist organizations, it is understandable that their approach to the issue of trafficking has been from the perspective of the sexual exploitation of women. In Chapkis, supra note 51 at 923 - 932. 59 that regard, I hold out the writings of such authors as Donna Hughes and Victor Malarek as representative of the sex trafficking victim narratives that dominate today’s trafficking literature. Similar to the white slavery narratives compiled by Roe and Stead at the turn of the 19th century, Hughes provides a number of brief accounts of individual trafficking victimizations that together, collectively, emphasize the vulnerability of the female victim trafficked for the sex trade. She draws attention to the appalling treatment these vulnerable young women endure at the hands of traffickers in order to underscore the sense of urgency that exists for the public and government to act in order to protect the vulnerable victim.72 Similarly, Victor Malarek, in his book The Natashas: The New Global Sex Trade, provides detailed descriptive imagery of the trafficking tragedies suffered by vulnerable women and children forced or coerced into the sex trade. His book is presented as a factual exposé of the lives of the victims in conjunction with the lives of others involved in the sex trade such as traffickers, politicians and police. Through an engaging style of writing, Malarek develops a picture of a segment of society that he suggests needs to be brought into the light of public scrutiny. He recounts a number of practices used to enslave vulnerable women into a life of prostitution, all of which, to varying degrees, are comparable to those accounts detailed in the white slavery narratives. The stories span the spectrum of women and girls being duped by family or friends into the sex trade, to those who succumb to false work advertisements and find themselves being subsequently victimized when removed from their familiar environment, or to those who inadvertently, as a result of circumstances of dire poverty, 72 Roe and Stead, supra note 25. Donna Hughes, “The “Natasha” Trade – The Transnational Shadow Market of Trafficking in Women” (2000) online: University of Rhode Island < http://www.uri.edu/artsci/wms/hughes/natasha_trade.pdf >. See also: Donna Hughes, “Legalizing Prostitution Will Not Stop The Harm” (Coalition Against Trafficking in Women, 1999); Donna Hughes, Janice G. Raymond and Carol Gomez, “Sex Trafficking of Women in the United States” (Coalition Against Trafficking in Women, 2001). 60 become the targeted victim of violent organized crime gangs who are trying to satiate the growing demand for sex in western societies.73 Chuang and David A. Feingold have argued that contrary to published media accounts and the literary narratives which have often depicted international human trafficking in terms of women and prostitution, the growing belief that has recently been emerging in the literature has been that labour exploitation and not sex trafficking is the larger form of international human trafficking. These academics, like Chapkis, contend that the statistics about the sex trade have often been overrepresented and exaggerated in various publications that have resulted in giving the public a false impression that women and the sex trade comprise most of the victims of international human trafficking.74 As early as 2000, John Salt raised the alarm that much of the trafficking literature at that time was preoccupied with sex trafficking narratives that advanced a particular understanding of international human trafficking based on unreliable claims as to its scope and nature. Salt argued that if these sex trafficking claims that lack legitimacy and credibility continue to be advanced in the trafficking discourse, it ran the risk of panicking the public, government and NGOs into getting ahead of the theoretical understanding of human trafficking and the factual evidence to support it. As a result, Salt was concerned that this could lead to poor anti-trafficking policy and enforcement measures because they would be based on a distorted understanding of trafficking that may not be accurate and thus, undermine antitrafficking efforts.75 Academic, Jyoti Sanghera, shares the belief that the current trafficking discourse is framed around a number of assumptions that have flowed from poor research, anecdotal information, and moralistic positions. Sanghera makes no argument for or against the 73 74 75 Victor Malarek, The Natashas: Inside the Global Sex Trade (Toronto: Viking Canada, 2003). Chuang, supra note 29 at1655 - 1658; David A. Feingold, “Human Trafficking” (2005) 150 Foreign Policy 26. John Salt, “Trafficking and Human Smuggling: A European Perspective”, in Reginald Appleyard and John Salt, eds, Perspectives on Trafficking of Migrants, (Geneva: IOM and OIM, 2000) 31. 61 truth and legitimacy of these claims, contending that this is not the issue she wishes to address. Rather, Sanghera suggests that the issue that needs to be explored is that the conclusions, developed through faulty research methodology, are directly contributing to the construction of a trafficking discourse reflecting a moral reform ideology – a distorted perception of international human trafficking.76 The continual projection to the public of international trafficking stories about women and girls forced into the sex trade has reinforced in the public mind that human trafficking primarily involves the trafficking of women into sexual slavery (prostitution), interspersed with isolated instances of other forms of labour exploitation. This disproportional focus on women and prostitution in the literature has been based upon unverified and unreliable statistics that have been presented as established fact when there is no basis for such a claim. Andrea Di Nicola, for example, examined a 2001 European Commission report that claimed that 120,000 women and children were brought illegally into Western Europe with the majority of these persons being women trafficked for the purpose of prostitution. This claim was often duplicated and presented as fact at various times in the trafficking literature. However, Nicola was able to determine that although this figure had been extensively referenced around the world by academics, researchers and newspapers to encourage and justify government action against international human trafficking, no one knows the research methodology employed to produce the estimate or the legitimacy of the estimate. Nicola observed that simply because the trafficking projection was documented in a reputable report, it became widely accepted as fact when there was no basis to do so, and every reason to question its validity.77 76 77 Jyoti Sanghera, supra note 68. Andrea Di Nicola, “Researching into Human Trafficking: Issues and problems”, in Maggy Lee, ed, Human Trafficking (Portland, Oregon: Willan Publishing, 2007) 49 at 60 - 61. 62 Nicola’s finding is not an isolated instance. For example, the trafficking literature in Canada has often referred to two particular government studies (US and Canadian) regarding the nature and scope of human trafficking, both within Canada and from a global perspective, in order to underscore the respective author’s argument that there is an urgent need for government intervention to combat international human trafficking. These two reports, the annual Trafficking in Persons (TIP) Report produced by the US State Department which provides a global assessment of human trafficking and the 2003 RCMP intelligence assessment of human trafficking in Canada, infer that the international trafficking of women for the sex trade is the most prolific form of international human trafficking taking place in Canada. However, although these two reports are considered credible, neither the methodology used, nor the conclusions derived that underpin these reports has ever been challenged. As a result, the literature, instead of questioning the findings of the reports, has actually reinforced their legitimacy by repeating their conclusions.78 In my view, as discussed in greater detail in Chapter 5, neither of these two reports are the result of credible research. Further, no other research has been conducted to date that clearly delineates the scope and nature of international trafficking in Canada using accepted research methodology. And, the RCMP 2003 intelligence analysis has since been withdrawn by the RCMP, with their more recent analysis conducted in 2010 78 See e.g.: Jacqueline Oxman-Martinez, Marie Lacroix and Jill Hanley, “Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector” (2005) online: Research and Statistics Division, Department of Justice Canada <http://www.justice.gc.ca/eng/pi/rs/rep-rap/2006/rr06_3/toc-tdm.html>. The authors did not question the statistical projections of human trafficking in Canada as contained in the RCMP 2003 intelligence report which are not contained in the more recent 2010 RCMP intelligence report. See reports: Royal Canadian Mounted Police, Criminal Intelligence Directorate, Criminal Analysis Branch, Human Trafficking (Ottawa: Royal Canadian Mounted Police, 2003) at 10; Royal Canadian Mounted Police, Criminal Intelligence, Human Trafficking in Canada (Ottawa: Royal Canadian Mounted Police, 2010); United States of America, Department of State, Trafficking in Persons Report (2001 – 2008) online: US State Department <http://www.state.gov/documents/organization>. 63 indicating that they are unable to determine the scope and nature of human trafficking in Canada.79 As Lucie Ogrodnik of the Canadian Centre for Justice Statistics pointed out in 2010, exaggerated claims of trafficking can have an impact on the legal framework of the country (Canada) in terms of how the government responds, legislatively and by policy, to erroneous projections. Her study emphasized that current data collection activities regarding human trafficking in Canada “reveal many shortcomings: data are limited in scope, incomparable and insufficient to ascertain the true extent of the problem in Canada.”80 Ogrodnik’s study identified many reasons for the incompleteness of statistical information, “including law enforcement and NGOs each using their own criteria to define a victim of trafficking thus generating noncomparable information.”81 Strikingly, the report surmised that “in the absence of reliable, ongoing information to inform the issue, it is unknown whether incidents of human trafficking are increasing or decreasing, and whether the current justice responses are effective, which in turn, renders policy decision-making a challenge.”82 Exaggerated and unverified statistical claims appears to be a trend within the international trafficking literature that has resulted in the disproportional representation of the crime of international human trafficking as a crime against women involving the sex trade conducted by organized crime. The reliance on weak research by these narratives has only served to elevate public concern regarding women and the sex trade in the same manner that took place during the white slavery panic. Authors such as Doezema believe that these types of 79 80 81 82 Ibid - RCMP, Criminal Intelligence (2010) at 8. Lucie Ogrodnik, Lucie, “Towards the Development of a National Data Collection Framework To Measure Trafficking in Persons” (2010) at 5, online: Statistics Canada, Canadian Centre for Justice Statistics <http://www.statcan.gc.ca/pub/85-561-m/85-561-m2010021-eng.pdf>. Ibid. Ibid. 64 narratives have contributed once again to the international anti-trafficking movement’s promotion of a moral panic similar to what occurred during the white slavery campaign. In terms of the theoretical criteria for a moral panic, as first identified by Cohen and later expanded upon by Hall and Critcher, the major elements that are necessary to constitute a moral panic are evident within the contemporary international trafficking discourse. It is as a result of the presence of these factors within the current trafficking literature that some academics have drawn a parallel to the experience of the white slavery panic. Both discourses, as reflected in the literature, mirror the ‘elevated concern’ through the use of unverified and exaggerated claims regarding the same specific social group – prostitutes. Both discourses exhibit ‘hostility’ towards the group by socially constructing human trafficking as a crime involving prostitution, a form of implied sexual immorality, orchestrated by international traffickers upon an unsuspecting society. And, as occurred during the white slavery panic, contemporary human trafficking has again linked prostitution with slavery and has successfully generated a ‘consensus of views’ among the public such that prostitution has become equated to the crime of international human trafficking.83 I note that the most prevalent gap that appears to exist within the contemporary international human trafficking literature is the lack of quality research to support the arguments that are being offered. As indicated by a number of authors, there have been no credible studies of international human trafficking conducted to date that would withstand close scrutiny and provide verifiable answers concerning the true scope and nature of international human 83 See the following in relation to the criteria for a moral panic: Cohen, supra note 32; Hall, Critcher, Jefferson, Clarke and Roberts, supra note 34; Chas Critcher, Moral Panics and the Media (Philadelphia: Open University Press, 2003) at 16 – 19; Erich Goode and Nachman Ben-Yehuda, Moral Panics: The Social Construction of Deviance, (Cambridge, Mass.: Blackwell Publishers, 1994). 65 trafficking, either globally or in Canada. As Salt, Sanghera and Ogrodnik have suggested, unless future academics and researchers address the failure to develop internationally agreed upon standards for conducting international human trafficking research in order to give us a better understanding of the crime, we will continue to produce studies that lack legitimacy upon which governments naively rely for policy and enforcement decisions.84 2.4 Organized Crime There is a 3rd cluster of contemporary literature concerning human trafficking that is primarily linked to organized crime. The initial premise of the 2000 UN Convention against transnational organized crime was not designed to address the issue of international human trafficking. Rather, the Convention was a recognition that transnational organized crime enjoyed an unfettered fluidity of movement across territorial boundaries by ignoring border control laws, regulations and/or policies, with the sole objective of maximizing profits by expanding criminal enterprises. Thus, the Convention represented a desire to create a willingness among the signatories to work collaboratively in their efforts to combat all forms of transnational crime that was being carried out by transnational organized crime groups.85 Previous attempts by UN Conventions to address transnational organized crime had been limited in their scope because they were crime specific.86 The 2000 UN Convention represented a 84 85 86 See also the following regarding trafficking research: Frank Laczko, “Data & Research on Human Trafficking” (2005) 43 International Migration 5; Gozdziak and Collett, supra note 70 at 99 - 128; Guri Tyldum, “Limitations in Research on Human Trafficking” (2010) 48:5 International Migration 1. Sheldon X. Zhang, Sheldon X. “Beyond the ‘Natasha’ Story – a review and critique of current research on sex trafficking” (2009) 10 Global Crime 178. United Nations Convention against Transnational Organized Crime (Annex II- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children), 15 November 2000, UNTS vol 2237 at 319, G.A. Res. 55/25, Article 1. See e.g.: United Nations Single Convention on Narcotic Drugs, 30 March 1961, UNTS vol 976 at 105; United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 20 December 1988, UNTS vol 1582 at 95. 66 unique broad based approach to the problem that encouraged cooperation among the international community to combat all forms of organized crime activity that is transnational in nature through a shared understanding of organized crime. The Convention targeted two main elements that are common to most transnational organized crime - the proceeds derived from the transnational criminal activity and the corruption of government officials necessary to facilitate the criminal activity. In general, the Convention encouraged the signatories to cooperatively seek legal remedies against transnational organized crime groups at the national and international level by assisting each other to legally attach any profits associated with the activities of organized crime and to pursue any government official suspected of corruption that has facilitated the activities of a transnational criminal organization.87 During the 1990s, the trafficking literature and media reports pressed forward with unsubstantiated claims that transnational organized crime, motivated by the potential for enormous illicit profits, was responsible for the international trafficking of women for the sex trade. The truth or accuracy of this presumption is now subject to question. However, by framing the issue of contemporary human trafficking within the activities of transnational organized crime, the anti-trafficking movement was able to capture international attention.88 This eventually led to the UN’s decision to include human trafficking within the Convention and resulted in the extension of an invitation to anti-trafficking NGOs, mainly moral reform and feminist organizations, to participate in the development of the annexed Trafficking Protocol to the 2000 Convention.89 87 88 89 See supra note 85, Articles 3 – 9. Christine Bruckert Christine and Colette Parent, Organized Crime and Human Trafficking in Canada: Tracing Perceptions and Discourses (Ottawa: Royal Canadian Mounted Police -Research and Evaluation Branch, 2004) at 1 - 4 and 33 - 56. Scarpa, supra note 47 at 55 - 62. 67 The Trafficking Protocol was presented to the international community as a new tool, an internationally sanctioned instrument for governments to use in the fight against the threat of rapidly expanding transnational organized crime groups that were believed to be profiting from the forced movement of, and abusive exploitation of, enslaved people across national boundaries. It is this understanding of transnational organized crime as reflected in the Protocol that has guided many of the various government enforcement strategies to combat trafficking.90 However, a number of studies that have been published since the creation of the 2000 Convention are now challenging this popular presumption that organized crime was and is the main orchestrator of human trafficking. Ahmet Icduygu and Sule Toktas, for example, in their study of trafficking in the Middle East, concluded that many of the traffickers and smugglers who were moving people across territorial boundaries were not actually a part of a large centralized transnational criminal organization as inferred in the trafficking literature. Rather, they suggested that the human trafficking process consists of a series of individuals, not affiliated with any criminal organization, that facilitate a particular aspect of the crime of trafficking. These individuals coordinate their efforts with each other within the trafficking process through the use of up-todate communication technology which enhances their ability to adapt, as the needs dictate, to changing irregular migration patterns and anti-trafficking enforcement practices.91 Icduygu and Toktas indicated that a great deal of the literature concerning organized crime’s involvement in 90 91 There were three Protocols: Trafficking in Persons, Smuggling of Migrants and the Manufacturing and Trafficking of Firearms. The wording for each of the preambles for the Trafficking and Smuggling Protocols emphasized a concern of what might happen if no action is taken against transnational crime groups, creating a sense of urgency to act. Ann Jordan, “Human Rights or Wrongs? The Struggle for a Rights-based Response to Trafficking in Human Beings” (2002) 10:1 Gender and Development 28 at 31 - 34. Ahmet Icduygu and Sule Toktas, “How Do Smuggling and Trafficking Operate via Irregular Border Crossings in the Middle East? (Evidence from Fieldwork in Turkey) (2002) 40:6 International Migration 25 at 26 - 30 and 45 - 50. 68 human trafficking lacks any empirical research rigour, consisting mainly of descriptive anecdotal evidence to support a claim that organized crime is extensively responsible for human trafficking when in fact this may not be the case.92 Tamara Makarenko found that the Convention’s definition of transnational organized crime, any “structured group of three or more persons existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention in order to obtain, directly or indirectly, financial or other material benefit”, confusing and misunderstands transnational organized crime’s involvement in human trafficking. This misunderstanding, she has argued, has been reinforced by many published reports, prior to and since the creation of the Convention, that have left the impression that transnational organized crime groups involved in international human trafficking constitute the traditionally understood construct of a hierarchically structured criminal organization such as those represented by Asian gangs, ‘biker’ gangs or the Mafia, Russian or otherwise.93 During the course of her analysis of the actors involved in the human trafficking process, Makarenko determined that in most instances of human trafficking, the culprits involved were not members of a structured organized crime group as required by the Convention definition. Instead, Makarenko contended that most human trafficking is carried out by a network of loosely affiliated individuals, each responsible for a specific section of the trafficking process based on social and family ties at the local or regional level, who work collaboratively for varying periods of time in an unstructured association - a situation that is not addressed within the Convention’s 92 93 Ibid at 26. Tamara Makarenko, “Organized crime or crimes organized? Isolating and identifying actors in the human trafficking chain”, in Anna Jonsson, ed, Human Trafficking and Human Security (New York: Routledge, 2009) 26. Quoted definition obtained directly from: United Nations Convention Against Transnational Organized Crime, Article 2, supra note 85. 69 definition of organized crime. She acknowledged that traditional organized crime groups can be involved at either source or destination points in the human trafficking process but for the most part, she categorized their participation as limited.94 Makarenko encouraged law enforcement to seek to understand the ‘real’ threat and social impact that human trafficking represents by concentrating on the role of the social networks, in both source and receiving countries, that feed the trafficking chain, and not be blinded by government priorities that tend to focus law enforcement efforts on street level criminal activity. 95 James Finckenauer, in his analysis of Russian organized crime’s involvement in human trafficking, concluded that there is a significant lack of reliable information and research upon which one could safely argue that the Russian mafia is involved to any great extent in human trafficking. He indicated that much of the research that has been conducted was not credible because it relied primarily on anecdotal information which he believes contributes to the media sensationalism with respect to the sex angle of human trafficking and the connection to Russian organized crime. Finckenauer suggested that as a result of this reliance on such questionable information by governments and law enforcement, it can only lead to misinformed and poorly designed policies and enforcement strategies.96 In her critique of Canada’s temporary work visa program for foreign exotic dancers in 2003, Audrey Macklin echoed the findings of Makarenko and Finckenauer. She argued that the trafficking of exotic dancers to Canada from Eastern Europe is being conducted by an extensive but loosely associated network of independent smugglers, traffickers and pimps. She 94 95 96 Ibid. Ibid at 44 - 45. James O. Finckenauer, “Russian Transnational Organized Crime and Human Trafficking”, in David Kyle and Rey Koslowski, eds, Global Human Smuggling, (Baltimore: John Hopkins University Press, 2001) 166. 70 acknowledged that traditional organized crime does become involved in the trafficking process but only after the victim has arrived in the receiving country, in this case Canada, by taking control of the exotic dancer after her arrival through the use of threats and/or the use of violence. Macklin’s underlying theme within her critique of Canada’s immigration policy regarding foreign exotic dancers weaves the argument that the government policies, misinformed about the nature of human trafficking, have resulted in the Canadian government actually unknowingly becoming complicit in the trafficking of the exotic dancers.97 In 2004, Bruckert and Parent were contracted by the RCMP to review how the phenomenon of women trafficked into Canada for the sex trade by organized crime syndicates has impacted related Canadian government policies and practices. Among the many areas they explored was the examination of the Canadian government’s strategies to combat trafficking which they contended have been framed in terms of a criminal justice solution based on a poorly documented understanding of organized crime. Bruckert and Parent reached similar conclusions to those of Makarenko, Finckenuer and Macklin based on their research interviews that revealed that contrary to the traditional concept of organized crime’s involvement that had been advanced in the trafficking discourse, human trafficking is largely being conducted by loosely affiliated networks of individuals who have drawn upon cultural or social associations within their respective nations in order to facilitate the crime with no permanent affiliation to a structured organized crime group.98 Even the recent 2010 RCMP human trafficking intelligence threat assessment exemplifies the growing uncertainty regarding the degree of transnational organized crime’s involvement in human trafficking. The report concluded that: “Human trafficking may 97 98 Audry Macklin, “Dancing Across Borders: ‘Exotic Dancers,’ Trafficking, and Canadian Immigration Policy (2003) 37:2 International Migration Review 464. Bruckert and Parent, supra note 88 at 1 - 4 and 33 - 56. 71 as likely be orchestrated by transnational organized criminal networks as it may be coordinated by a few family-based opportunists with little formal structure ... [and] ... Indications of organized crime involvement in human trafficking activities associated to organized prostitution have been identified; however, the level of sophistication among these groups and the extent of transnational criminal involvement have not been determined” 99 The question of whether or not organized crime has been and is controlling human trafficking is an important issue as this literature focus demonstrates. The unchallenged presumption of transnational organized crime’s involvement in trafficking has grounded and framed the trafficking discourse, the Trafficking Protocol, and much of the government antitrafficking enforcement strategies that have been developed globally, and in Canada. However, as noted in the work of Macklin and Makarenko, it is evident that this generally held presumption concerning transnational organized crime lacks the requisite empirical research to support the legitimacy of such a claim. Given these concerns over the depth of participation that transnational organized crime organizations have played in human trafficking, I am suggesting that there is a pressing need for the Canadian government to revisit this generally held belief that has contributed to defining Canada’s response to human trafficking. 2.5 Human Rights The issue of human rights is intricately woven into the discussion and literature of human trafficking. Moral reform and feminist groups have both argued that human trafficking is a violation of the fundamental human rights of women in terms of the abuse and violence to which women have been subjected by human traffickers as they are forced into the sex trade. And, 99 RCMP (2010), supra note 78. This report and the 2003 RCMP intelligence report are analyzed in greater detail in Chapters 5 and 6. 72 radical feminists have also expressed the additional belief that prostitution by itself represents another violation of women’s rights because prostitution is cast as the ongoing violent subjugation and oppression of women carried out by men.100 In the following pages, I trace three key viewpoints that are present within the trafficking literature regarding the provision of international human rights for trafficking victims. My objective is to demonstrate the spectrum of debate that exists within the trafficking literature concerning the international rights of trafficking victims and the related view that the recognition of international human rights by the state is a fragile process that is constantly subject to the ebb and flow of national and international politics. I am suggesting that the calls to protect the rights of the trafficking victim, as advanced by the international anti-trafficking movement, may be somewhat illusionary to the extent that they are limited to a specifically understood victim construction – vulnerable women involved in prostitution. Joan Fitzpatrick suggests that the 2000 UN Convention actually does signal a new approach for the advancement of international rights in relation to human trafficking victims by providing governments with the opportunity to incorporate international trafficking victim rights protection provisions directly into state anti-trafficking and border security enforcement policies.101 Fitzpatrick recognizes that there can be a wide interpretation of international rights instruments that can lead to an unequal recognition of human rights among states, including the recognition of the rights of irregular migrants and especially those of trafficking victims. However, she has suggested that the 2000 UN Convention represents the means by which the 100 101 Doezema, supra note 1; Chuang, supra note 29; Weitzer, supra note 41. Joan Fitzpatrick, “Trafficking as a Human Rights Violation: The Complex Intersection of Legal Frameworks for Conceptualizing and Combating Trafficking” (2003) 24 Mich.J.Int’l L. 1143 at 1148 – 1154 and 1165 - 1167. 73 state can avoid emerging tension between state immigration and border security policy, and international migrant rights, by integrating the rights of migrants and trafficking victims into other related state areas of responsibility beyond the legally framed Convention such as: state law enforcement strategies, the provision of social services by the state, the economic development plans in source countries, and the creation of migration policy in receiving countries.102 Fitzpatrick believes that this type of approach would ensure that both objectives, international rights of trafficking victims and state security, are met rather than one achieved at the expense of the other. Ryszard Piotrowicz wrote that the tension between state interests (border security) and trafficking victim rights arises when the crime of human trafficking is perceived foremost as a threat to the stability and security of the nation-state in terms of the apparent violation of state immigration laws. He has indicated that the rights of the victim become a source of tension for the state if the state is unwilling or unable to implement the victim protection provisions within the Convention if those provisions are perceived as undermining the security of the state. The challenge for the state then, as perceived by Piotrowicz and by Fitzpatrick, is to manage the tensions that arise between the state’s legitimate interests in combating the crime of trafficking by creating new migration controls that enhance border security and detect traffickers while ensuring that the new migration controls do not violate but instead protect, the rights of the victim.103 Although Fitzpatrick has cast the Trafficking Protocol as a step forward in the coalescing and advancement of human rights on the international stage, others have suggested the converse. 102 103 Ibid 1143. Ryszard Piotrowicz, “Trafficking of Human Beings and their Human Rights in the Migration Context”, in Ryszard Cholewinski, Richard Perruchoud and Euan MacDonald, eds, International Migration Law: Developing Paradigms and Key Challenges (The Hague: T.M.C. Asser Press, 2007) 275. 74 Ann Jordan, for example, has argued that the Protocol is nothing more than an international law enforcement instrument and not an international agreement that addresses the rights of the irregular migrant in the form of a trafficking victim. Jordan has suggested that it was only during the latter stages of the Protocol’s development that the NGOs of the Human Rights Caucus were successful in attaining some human rights protections for victims of trafficking. As she and other authors have noted, the enforcement provisions of the Protocol use strong terminology to obligate the signatories to specific enforcement actions, while obscuring the rights protection provisions because they have been couched in weaker terms and left to the interpretation of each state. These authors have indicated that due to the expressed weakness of rights protections within the Protocol, human rights advocates will have to rely on associated international legal instruments in order to ensure that victims of trafficking receive adequate rights protection.104 Contrary to Fitzpatrick and Jordan, James Hathaway has perceived the Trafficking Protocol as an international instrument that serves to privilege the rights of a small segment of slavery victims within the larger issue of contemporary slavery while marginalizing the rights of the majority of the world’s slaves. Hathaway has contended that the Trafficking Protocol has provided the state the means to appear to be protecting human rights by publicizing state efforts 104 Ann Jordan, “The Annotated Guide to The Complete UN Trafficking Protocol” (2002) at 2 – 4, online: Human Rights Education Associates <http://www.hrea.org/index.php?base_id=104&language_id=1&erc_doc_id=818&category_id=22&catego ry_type=3&group= >. See also: Anna Marie Gallagher, “Triply Exploited: Female Victims of Trafficking Networks – Strategies for Pursuing Protection and Legal Status in Countries of Destination” (2004) 19 Geo.Immgr.L.J. 99 at 102 – 117; Anne T. Gallagher, “Using International Human Rights Law To Better Protect Victims of Human Trafficking: The Prohibitions on Slavery, Servitude, Forced Labour and Debt Bondage”, in Leila Nadya Sadat and Michael P. Scarf, eds, The Theory and Practice of International Criminal Law: Essays in Honour of M. Cherif Bassiouni, (Leiden: Martinus Nijhoff, 2008) 397. Bernadette McSherry and Susan Kneebone, “Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights” (2008) 12 The International Journal of Human Rights 67; Sara Dillon, “What Human Rights Law Obscures: Global Sex Trafficking and the Demand for Children” (2008) 17 UCLA Women’s Law Journal 121 at 159 - 174. 75 against human slavery in the form of combating human trafficking but in reality, the Protocol has permitted the state to quietly ignore the larger aspects of the crime of human slavery which he has suggested are culturally engrained and endemic in many parts of the world in various forms such as debt bondage in Asia and the chattel slavery system in Africa.105 By focusing attention on this small sub-set component of human slavery, Hathaway has argued that the issue of trafficking has not only drawn attention away from the larger issue of slavery, negatively impacting the rights of the larger number of slavery victims, but has also reduced the overall availability of funding and resources from the state that could be used to combat slavery. He has suggested that the anti-trafficking efforts to date have simply been a pretext by the state to enhance border security, purportedly to protect trafficking victims, but in reality, have only resulted in more damage to human rights than in advancing them. Hathaway believes that increased anti-trafficking efforts have quietly increased the criminalization of irregular migration such that persons attempting to escape poverty and persecution through human smuggling routes are now viewed as participants in a transnational organized crime. He has suggested that enhanced border security has had a tremendous detrimental effect on the rights of those who legitimately seek asylum.106 Hathaway questioned why the anti-trafficking movement did not raise any opposition to the increased border security aspects of the Trafficking Protocol during the drafting process when it was self-evident that these measures would impact negatively upon irregular migrant rights. He has contended that as a result of state compliance with the Protocol in the form of 105 106 James C. Hathaway, “Human Rights Quagmire of Human Trafficking” (2008) 49 Va.J.Int’l L. 1. See also the following article that, similar to Hathaway’s position regarding slavery and human trafficking, argues that the focus on sex trafficking by the US government has resulted in the privileging of a select segment of trafficking victims while marginalizing the rights of all trafficking victims: Kathleen Kim and Grace Chang, “Reconceptualizing Approaches to Human Trafficking: New Directions and Perspectives from the Field” (2007) 3 Stanford Journal of Civil Rights and Civil Liberties 317. Ibid – Hathaway at 25 - 41. 76 greater border security, it has only served to violate the rights of legitimate refugee seekers by further limiting their access to a safe haven. And, he has suggested that the NGO anti-trafficking movement leadership, controlled by religious (moral reform) and feminist anti-prostitution advocates, were not interested in condemning the human rights pitfalls that were self-evident in the Protocol as it simply was not on their anti-prostitution abolitionist agenda. Hathaway has argued that the anti-trafficking movement leadership was so focused on ending prostitution during the Protocol’s creation that the enslavement of all persons did not enter into their core considerations.107 Fitzpatrick, Jordan and Hathaway have each provided some insight into the spectrum of the international rights debate for trafficking victims. It is evident that the recognition of international human rights, especially in relation to trafficking victims, is an ongoing complex issue. Much of the debate over the rights of trafficking victims has pivoted upon the perceived interests of the state conflicting with the interests of the victim – border security or victim protection – with the understanding that the victim, as generally portrayed in the trafficking literature, is a poor vulnerable female in need of rescue. As a result, I share the perceptions of Hathaway, Kim and Chang in as much as I believe that the specific social construction of the trafficking victim that has been advanced by the international anti-trafficking movement has only served to privilege the rights of a select segment of trafficking victims within the larger issue of contemporary human trafficking, creating the illusion of the overall advancement of human trafficking victim rights.108 107 108 Ibid at 45 - 46 Ibid – Hathaway at 1 – 25, and Kim and Chang at 317 - 320 and 344, supra note 105. 77 2.6 Conclusion The contemporary trafficking literature gives the appearance of being a much more informed and inclusive discussion of international human trafficking beyond the narrow confines of the literature that documented the white slavery panic. Yet, the central concepts of women, prostitution and sexual slavery that were embedded within the anti-white slavery literature are still very much present and applicable to much of what has been documented today regarding the international human trafficking discourse and the international anti-trafficking movement. Moral reform and radical feminism remain the dominant voices with respect to either trafficking discourse. And, as a result, the trafficking of women for prostitution that grounded the white slavery panic continues to be the central consideration within contemporary international human trafficking. The pure vulnerable white slavery victim that symbolized all that was wrong with society and grounded a moral panic continues to occupy the most prominent position within today’s international human trafficking literature which underscores a sense of urgency for government action in order to rescue these vulnerable victims. And, the concerns over immigration and the changing role of women in society in relation to global migration due to globalization (industrialization) that buttressed the white slavery moral panic continue to inform the contemporary international human trafficking discourse and influence government responses. The literature confirmed that there is a considerable gap in the amount of credible research that has been conducted to date in order to concretely underpin the various assessments and claims that have been documented regarding the nature and scope of contemporary international human trafficking. And, not only has this been evident in how the types and depth of international trafficking have been portrayed in the literature but it is equally apparent with regards to the various claims that have been made respecting the role of transnational organized 78 crime in orchestrating international human trafficking. Sound research is necessary in order to ground the anti-trafficking efforts of governments who to date have had to rely upon anecdotal and exaggerated trafficking claims. The international rights of international trafficking victims have been and remain an unsettled issue. Whether or not the Trafficking Protocol is a step forward in the protection of victim rights as envisaged by Fitzpatrick or is simply an international law enforcement agreement that obscures trafficking victim rights and marginalizes the rights of other irregular migrants as suggested by Hathaway will continue to be the subject of much discussion. But, it is my position that in order to ensure that this 2000 Convention will eventually assist in the entrenchment and protection of the rights of all international trafficking victims, it is essential that the trafficking victim be understood beyond the narrow construction that currently dominates the literature. 79 3. The International Anti-Human Trafficking Social Movement 3.1 Introduction This study relies upon Bourdieu’s ‘field’ theory to explain the relationship between the international anti-trafficking social movement and the Canadian government, and how that relationship has contributed to the result of so few international human trafficking prosecutions in Canada. To this end this chapter sets out, through a practical and conceptual examination of the international anti-trafficking social movement, the movement’s dominant voices, its composition, history and thematic focus in order to facilitate the analysis that takes place in this dissertation of the interplay between the Canadian government and the international antitrafficking movement. The concept that a social movement is a ‘social field’ interacting with a ‘juridical field’ in pursuit of specific objectives as conceptualized by Bourdieu is one that has been used by other researchers. Peter P. Houtzager, for example, applied Bourdieu’s field theory to his study of land reform in Brazil in order to account for the outcomes of the interaction that took place between the Brazilian agrarian land reform social movement and the Brazilian government.1 In order to underscore the suitability of Bourdieu’s field theory to my thesis, I begin this chapter with a summary of Houtzager’s study. 1 Peter P. Houtzager, "The Movement of the Landless (MST) Juridical Field, and Legal Change in Brazil", in Boaventura de Sousa Santos and Cesar A. Rodrigues-Garavito, eds, Law and Globalization from Below: Towards a Cosmopolitan Legality (Cambridge: Cambridge University Press, 2005) 218. As referenced in Chapter 1, Bourdieu contended that society is comprised of an infinite number of interacting ‘social fields’ with each ‘field’ containing a shifting balance of power relationship between the hierarchical structure of the ‘field’ that exhibits the dominating social agents and institutions that determine what takes place within the ‘field’, and the existence of ongoing struggles of agency and change that affect the ‘field’. He argued that ‘social fields’, when seeking some form of social regulation with regards to emerging social issues, will interact with the ‘juridical field’ in order to achieve their objectives. See Chapter 1 – Figure 1-1 for visual representation of Bourdieu’s ‘field’ theory. See also the following for greater detail about ‘field’ theory: Pierre Bourdieu, “The Force of Law: Toward a Sociology of the Juridical Field” (1987) 38 Hastings L.J. 814; 80 I then turn to a brief discussion of the features of social movements. This entails identifying the core elements that comprise a social movement – the foundational building blocks – followed by a synopsis of three of the prevailing concepts within the study of social movement theory - how social movements are formed, how they function and how they advance their collective interest. My aim is to provide a rudimentary understanding of social movements in order to situate the dynamics at play within the relationship between the international antihuman trafficking social movement and the Canadian government. Based on this core understanding of social movements, the heart of the chapter explores the contemporary international anti-human trafficking social movement from a largely pragmatic perspective. Beginning with an examination of the international aspects of the movement, I outline the opinions of various scholars who posit that the anti-trafficking movement is an international construction and not the product of a national grass roots movement. I then review selected international and Canadian non-government and inter-government organizations (NGOs and IGOs), grouped into three categories (historical, pre-existing and contemporary) that are not only representative of the movement’s international and Canadian composition but also of the dominant voices that emerged as a result of the movement’s internal power relationship struggles which are reflected in the contemporary trafficking literature – feminism and moral reform. My objective is to put into perspective the international anti-trafficking social movement’s thematic focus that has guided the international anti-trafficking social movement’s interactions with various governments, including Canada’s. Richard Terdiman, “Translator`s Introduction - The Force of Law: Toward a Sociology of the Juridical Field” (1987) 38 Hastings L.J. 805; Patricia Thomson, “Field”, in Michael Grenfell, ed, Pierre Bourdieu Key Concepts (Stocksfield: Acumen Publishing Limited, 2008) Chapter 5; Cheleen Mahar, Richard Harker, and Chris Wilkes, “The Basic Theoretical Position”, in Richard Harker, Cheleen Mahar and Chris Wilkes, eds, Introduction to the Work of Pierre Bourdieu, (London: The MacMillan Press Ltd, 1990) 1. 81 3.2 Field Theory in Practice Many scholars have engaged with the works of Pierre Bourdieu, especially in terms of the application of his field theory to their respective research projects. But Peter Houtzager’s study of a social movement in Brazil, in many respects, mirrors the application of Bourdieu’s theory within this project. He argued that the agrarian reform social movement in Brazil (MST) was a ‘social field’ consistent with Bourdieu’s field theory because the Brazilian movement contained many of the elements that Bourdieu ascribed to social fields such as the concept of shifting power relationships within a hierarchical structure and the varying degrees of dynamic interaction and influence that the movement can exercise within society based on the power relationships it exercises relative to the other social fields. Relying on the experience of the Brazilian land reform movement, Houtzager explored how fields of social movements can produce change within a country through their interaction with the country’s ‘juridical field’.2 Houtzager posited that the autonomy of the juridical field is relative and varies over time. He argued that social movements, in this case the Brazilian agrarian reform movement, can alter juridical practices even though, as Bourdieu theorized, the juridical field has its own forms of structure, dominance, and rules that would normally be resistant to the practices identified with social movements. Houtzager suggested that the ability of the agrarian movement to convert the movement`s energy into juridical energy was central to achieving its objectives. He believed that this held true for all social movements. Houtzager concluded that juridical expertise that either exists within a social movement or can be engaged by the social movement, coupled with 2 Houtzager, supra note 1. Additional examples of ‘field’ theory application: Carol A. Mutch, “Adapting Bourdieu’s Field Theory to Explain Decision-Making Processes in Educational Policy”, in Vincent A. Anfara and Norma T. Mertz, eds, Theoretical Frameworks in Qualitative Research (Thousand Oaks, California: Sage Publications, Inc., 2006) 155; and, Rodney Benson and Erik Neveu, Bourdieu and the Journalistic Field, (Cambridge: Polity Press, 2005). 82 the fluctuating dynamics within the juridical field, could lead to the movement’s success in entering the juridical field and thereby affecting change relative to the movement’s objectives. 3 Houtzager noted that the success of the Brazilian agrarian reform social movement to achieve legislative and policy changes was directly dependent upon the movement’s ability to engage, direct and concentrate the energies of highly qualified legal experts towards the pressing issues that epitomized the movement as the first step in the process of gaining access to the juridical field. Through this access by legal experts, the agrarian social movement was then able to successfully mobilize the forces of the various power relationships within the juridical field creating a focus on the prevailing legal issues the movement confronted that led to such solutions as appropriate legislation to support agrarian reform. This enhanced influence by the social movement into the Brazilian juridical field resulted in shifting power relationships within the juridical field, and between the agrarian movement and other social movements giving it a commanding presence within Brazilian society.4 Similar to Houtzager’s study, this study has been guided by the view that a social movement is a ‘social field’ as envisaged by Bourdieu. And, in this study, I have found that the international anti-trafficking social movement has achieved success similar to the Brazilian land reform movement by accessing and influencing Canada’s juridical field. This interactive power relationship has resulted not only in new legislation that supports the issues imbedded within the anti-trafficking movement but has also permitted the international anti-trafficking movement to reach deeply into the Canadian government structure and influence the country’s international anti-trafficking policies and strategies. Understanding that there has been an interaction between 3 4 Ibid – Houtzager at 238. Ibid. 83 these two social fields does not, in and of itself, explain why there has been a lack of international anti-trafficking prosecutions in Canada. However, through an appreciation of the existence and dynamics of this relationship, and the subsequent analysis of the movement’s influence over the Canadian government’s response to human trafficking which I detail later in Chapter 5, one should gain an understanding that the lack of successful international trafficking prosecutions in Canada is related to how the international anti-human trafficking social movement has influenced the Canadian government’s understanding of international human trafficking. 3.3 Social Movements Sociologists D. Stanley Eitzen and Kenneth Stewart defined “… a social movement as the collective attempt to promote, resist, or reverse change”.5 This definition, for the most part, is echoed by many other sociologists, some of whom have introduced additional analytical criteria for social movements such as: there must be clearly defined goals; there should be an antagonist; and there is a need to action their concerns through an organized effort.6 However, it is important for this study to understand that social movements are largely considered to be the counter to the established order with a collective objective achieved through collective action either to initiate change or to resist change relative to societal norms and values.7 I have limited this discussion to a short exploration of three perspectives which are commonly accepted under the umbrella of social movement theory: resource mobilization, 5 6 7 D. Staley Eitzen and Kenneth Stewart, Solutions to Social Problems from the Bottom Up: Successful Social Movements (Boston: Allyn & Bacon, Inc, 2007) at 3. Diane Dentice, “Chapter 1 – Introduction”, in Dianne Dentice and James L. Williams, eds, Social Movements: Contemporary Perspectives (Newcastle, UK: Cambridge Scholars Publishing, 2008) at 1 – 5; Karl-Dieter Opp, Theories of Political Protest and Social Movements: A multidisciplinary introduction, critique, and synthesis (New York: Routledge, 2009) at 36 - 37. Charles J. Stewart, Craig Smith and Robert E. Denton, Jr, Persuasion and Social Movements (Prospect Heights, Illinois: Waveland Press, Inc., 1984) at 14. 84 collective identity, and political opportunities. This will assist the reader by spelling out the dynamics at play in society with respect to social movements and this study’s analysis of the international anti-trafficking social movement in particular. As indicated by their titles, each perspective focuses on what is suggested as a primary catalyst by which social movements can be theoretically explained in terms of their emergence, function and operation. The first concept, ‘resource mobilization’, was developed by John D. McCarthy and Mayer N. Zald in 1977 and holds that social movements emerge and function based on “the interaction between resource availability, the pre-existing organization of preference structures, and the entrepreneurial attempts to meet preference demand.”8 J. Craig Jenkins summarized that mobilization “… is the process by which a group secures collective control over the resources needed for collective action.”9 Thus, the emergence, growth and the inevitable decline of social movements is interdependent upon the ability of the movement through a hierarchal organizational structure to attract, control and mobilize critical resources in order to advance collective action. The second perspective, ‘collective identity’, is founded upon “… the individual’s cognitive, moral, and emotional connection with a broader community…[of like minded individuals].”10 It is a combination of personal or individual perceptions in conjunction with the pre-existing bonds of interest as suggested by the features of resource mobilization. As argued by Polleta and Jasper, collective identity “… is fluid and relational, emerging out of interactions with a number of different audiences (bystanders, allies, opponents, news media, state 8 9 10 John D. McCarthy and Mayer N. Zald, “Resource Mobilization and Social Movements: A Partial Theory” (1977) 82 American Journal of Sociology1212 at 1236. J. Craig Jenkins, “Resource Mobilization Theory and The Study of Social Movements” (1983) 9 Annual Review of Sociology 527 at 532. Francesa Polleta and James M. Jasper, “Collective Identity and Social Movements” (2001) 27 Annual Review of Sociology 283 at 285. 85 authorities), rather than fixed.”11 However, both Polleta and Jasper acknowledge that much research still remains to be done with respect to the relationship between identity and selfinterest and how those issues influence social movements. For example, do individuals choose or align with a social identity (movement) based on the potential of return as a motivating factor?12 And, the third concept, ‘political opportunities’, is premised on the view that “… the [political] context in which a social movement emerges influences its development and potential impact.”13 It is argued that there is a direct correlation between the success or failure of a social movement in terms of the degree of the effective management of the political opportunities presented within society’s political environment relative to the mobilization of resources (individual and organizational) and the creation of accepted strategies for collective action. This perspective highlights the relationship between social movements and governmental (political) responses to those movements.14 The international anti-human trafficking movement reflects the primary elements that have been identified by these three perspectives of social movement theory. This international movement has successfully mobilized available individuals and organizations to work collectively for a singular visible objective - the abolishment of a contemporary form of human slavery. As evidenced by the literature review in the previous chapter, there are moral and emotional connections within the movement that reflect the pre-existing bonds from across a broad community of like minded individuals and organizations – most specifically moral reform and radical feminism. And, the movement has succeeded in managing the political opportunities 11 12 13 14 Ibid at 298. Ibid at 299. David S. Meyer, “Protest and Political Opportunities” (2004) 30 Annual Review of Sociology 125. Ibid. Opp, supra note 6 at 161 - 203; J. Craig Jenkins, David Jacobs and Jon Agnone, “Political Opportunities and African-American Protest, 1948-1997” (2003) 109:2 The American Journal of Sociology 277. 86 with which it has been presented such that the international community has collectively embraced the objective of anti-human trafficking as demonstrated by international and national legislative initiatives and enforcement strategies. Academics such as Aaron Pollack have claimed that there has been a shift in the functional dynamics of social movements which has resulted in their expanded presence on the international stage. Pollack believes that during the 1980s and 1990’s social movements gravitated towards the international arena in order to move beyond the constraints created by national boundaries which he suggested were historically limiting their actions, and in turn their effectiveness. In particular, he argued that contemporary social movements, recognizing the value of cross-border operations, and in response to the economic globalization taking place, have aggressively pursued collective action through international lobbying.15 Jackie Smith, like Pollack, has also maintained that social movements have had to adapt their national strategies and structures to reflect the global reality of the shifting of economic and political policy authority from the national domain to the international arena brought about by globalization. As a result, Smith contends that we now see the creation of transnational social movements and related organizations designed to shape and influence global processes that support and complement the movement’s respective goals.16 Smith believes that these transnational social movements “… reflect the key conflicts at work in the global political economy, as most groups 15 16 Aaron Pollack, “Cross-Border, Cross-Movement Alliances in the late 1990s”, in Pierre Hamel, Henri Lustiger-Thaler, Jan Nederveen Pieterse, and Sasha Roseneil, eds, Globalization and Social Movements (London: Palgrave MacMillan, 2001) 183. See also: Catherine Eschle, “Globalizing Civil Society? Social Movements and the Challenge of Global Politics from Below”, in Pierre Hamel Henri Lustiger-Thaler, Jan Nederveen Pieterse, and Sasha Roseneil, eds, Globalization and Social Movements, (New York: Palgrave, 2001) 61. Jackie Smith, “Globalization and Transnational Social Movement Organizations”, in Gerald F. Davis, ed, Social Movements and Organizational Theory (Cambridge: Cambridge University Press, 2005) 226. 87 focus on issues of human rights, environmental preservation, and economic empowerment/justice.”17 Although I agree with the arguments of Smith and Pollack, I am suggesting that the contemporary international anti-trafficking social movement did not recently emerge onto the international stage as a result of a number of independent national movements, scattered across the international community, that eventually recognized their common interests and goals and opted to merge together internationally in order to form a more effective global transnational movement. Rather, the evidence suggests that today’s international anti-human trafficking social movement already existed on the international stage by virtue of its direct and strong lineage with the historic international movement against human trafficking in the form of white slavery, by its connection to historic international anti-trafficking organizations such as the Salvation Army which underpinned the anti-white slavery movement and which now participates in the contemporary anti-trafficking movement, and because of its linkages to international organizations such as the International Labour Organization (ILO) with which it shares fundamental concerns regarding international human rights, migration and gender equality. 18 3.4 The International Anti-human Trafficking Social Movement The international anti-human trafficking social movement is the re-emergence of an existing international social movement that was created during the late 19th century to combat international human trafficking in the form of white slavery that resulted in 5 international antitrafficking agreements. Today’s version of this social movement is largely comprised of 17 18 Ibid at 247. Other NGO and IGO examples: Anti Slavery International, International Organization for Migration, Human Rights Watch, Amnesty International, UNICEF, Women’s International League for Peace and Freedom, International Council of Women, Woman’s Christian Temperance Movement. 88 international NGOs and IGOs, some that were involved in the original movement against white slavery, others that pre-existed the emergence of the contemporary issue of human trafficking, and others that have been newly created specifically to combat today’s human trafficking. Similar to Pollack and Smith, scholar Kevin Bales believes that NGOs are no longer restricted to state boundaries and have not been for decades, unless by choice, with their intellectual paradigms now centred on moral concepts that are capable of being generalizable to all people.19 He has argued that there has been a shift by NGOs away from state-centred politics to operate as global social movements at the international political level. And, Bales has suggested that this is particularly evident in the international anti-human trafficking social movement, where international NGOs have been pursuing goals for some time that transcend national boundaries such as the rescue and protection of women trafficked for the international sex trade.20 Shamima Ahmed and David Potter have recognized the transnational scope of today’s effective international social movements. They suggest that this is partly due to international NGOs having established strong partnerships with IGOs in order to advance shared international social issues. They intimate that there exists a strong interdependence between the international NGOs and IGOs on a number of fronts, with international NGOs able to influence global policy through their participation in global policy networks such as the United Nations that is being facilitated by IGOs, while IGOs gain more direct access to the ordinary person for whom the NGO advocates. 21 It is because of this strong interactive partnership and the important role that I believe that IGOs play within the international anti-trafficking social movement that I have 19 20 21 Kevin Bales, Understanding Global Slavery, A Reader (Los Angeles: University of California Press, 2005) at 78 - 79. Ibid at 69 - 86 and 126 - 153. Shamima Ahmed and David M. Potter, NGOs in International Politics (Bloomfield, CT: Kumarian Press, Inc., 2006) at 93 - 94. 89 included them in the analysis of the organizations that comprise the international anti-trafficking social movement. I have created three categories in which I have grouped selected organizations for analysis that I believe are representative of the main composition of the international antitrafficking social movement: Historical International Organizations - international organizations that link together the international issues of white slavery and contemporary human trafficking; Pre-existing International Organizations - international organizations that existed prior to the re-emergence of human trafficking which share common concerns with the international anti-trafficking movement regarding such issues as human rights violations and irregular migration, Contemporary International Organizations – international anti-human trafficking organizations that emerged in the 1980’s and 1990’s that have provided focus and direction for the international anti-human trafficking social movement and discourse. I have chosen these organizations based on the belief that they represent the current dominant voices and dynamics within the international anti-trafficking social movement. Each organization has played and/or is playing a lead role in defining the movement’s objectives and thematic focus. My analysis of these organizations is confined to exploring each organization’s relationship with the issues of white slavery and contemporary human trafficking, and their views regarding these issues which I suggest form the major themes of the contemporary international anti-human trafficking social movement. Trafficking may not be the only substantive issue of concern for the organizations I have selected but I do suggest that each organization has played and continues to play a major role in furthering a particular 90 understanding of human trafficking that has influenced the anti-trafficking responses of various governments around the world. I acknowledge that there are numerous organizations that have either a direct or indirect affiliation with the international human trafficking social movement and it is because of the proliferation of these interest groups that I have approached presenting my analysis by focusing on a limited number of representative entities. While I am not detailing all of these organizational affiliations, I have provided an alphabetical listing of organizations in the appendices (Appendix ‘A’) that I believe substantively comprise the core of the international anti-trafficking social movement. This listing was based on the simple criteria that each organization identified has made a claim, either directly or indirectly, within their respective web-sites and trafficking literature to being international in scope in relation to its active efforts to combating international human trafficking.22 I begin each of the three groupings with a brief preamble to situate the organization within the category. 3.4.1 Historical International Organizations The white slavery panic that spread across western nations towards the end of the 19th century and resulted in the creation of a series of international agreements against human trafficking in the 20th century was grounded by a fear that women, in particular white women, were being forced into the sex trade by unscrupulous human traffickers through the use of deceit, threats, and/or violence. Brian Donovan indicates that the term, white slavery, emerged in England as early as 1839 as a slogan of protest against class exploitation. However, by the 1880’s, the term had come to refer to both class and sexual exploitation.23 According to 22 23 I do not pretend to claim that this is an exhaustive list as I am certain there are web-sites that I have yet to uncover, however, I do believe that it captures the majority of organizations that are involved in the human trafficking movement and discourse from an international perspective. Brian Donovan, White Slave Crusades: Race, Gender, and Anti-Vice Activism, 1887-1917 (Chicago: University of Illinois Press, 2006) at 19. 91 Donovan, British social purity organizations had successfully focused attention on the issue of prostitution in an attempt to have the British government raise the age of consent for sex as a part of the social purity objectives of the moral reform movement of the day. Donovan suggests that this initial anti-prostitution success by British purity organizations was quickly incorporated by like organizations around the globe into the anti-white slavery campaign, with moral reform organizations emerging as the dominant voice within the global anti-white slavery discourse and social movement.24 The empirical validity of the white slavery panic, the underlying issues of morality, immigration, and prostitution that existed and were reflected in the panic, and how they relate to contemporary human trafficking were explored in the previous chapter. It is only important to emphasize at this time that the white slavery panic was an international issue about human trafficking, demonstrated by several international anti-trafficking agreements, with the focus largely constrained to the trafficking of white women for the international sex trade. And, that the composition of the anti-white slavery social movement was primarily comprised of moral reform, purity, and suffragist organizations that were emerging onto the international stage as international NGOs, sharing a common concern over the issue of women and prostitution. The anti-white slavery campaign would enjoy considerable attention and success for several decades. But, the last associated anti-white slavery agreement, the 1949 UN Convention, signalled that the campaign had run its course and would fade from international attention. The 1949 Convention was characterized as an ‘abolitionist’ approach to prostitution because it was more so an antiprostitution agreement versus a realistic attempt to combat human trafficking. And, according to Elaine Pearson, the Convention clearly reflected the shifting debates percolating around the 24 Ibid at 19. 92 issues of morality and prostitution imbedded within the history of the anti-white slavery movement. The agreement proved to be ineffective, in large part, because so few countries ratified the convention and of those who ratified the agreement, few actually translated the agreement into any concrete national action.25 By 1949, many countries were socially and legally ambivalent towards the issue of prostitution and as a result, were not inclined to ratify nor engage in anti-prostitution efforts.26 The 1949 Convention reflected the apparent demise of the anti-white slavery movement due to the inability of the dominant moral reform component of the movement to retain and monopolize international interest in social purity objectives. Much of the movement’s momentum had been disrupted by two World Wars. And, as the social movement concepts of McCarthy and Zald indicate, it would appear that by 1949, this movement could no longer control the necessary resources to attract, maintain, and motivate collective action beyond this period of time. Thus, following the creation of the 1949 Convention, the white slavery issue and anti-trafficking movement quickly faded from international attention to lie dormant until the 1980’s, while other international issues emerged to take its place. The following three organizations were chosen because they were very active and prominent participants during the anti-white slavery movement and these same organizations continue to be influential voices within the repackaged international anti-human trafficking movement of today. I am suggesting that their participation reflects the strong historical connections between white slavery and human trafficking and the continued existence of a social 25 26 Elaine Pearson, “Historical development of Trafficking – The Legal Framework of Anti-Trafficking Interventions”, in Sector Project against Trafficking in Women, eds, Challenging Trafficking in Persons: Theoretical Debate & Practical Approaches (Baden-Baden: Nomos Verlagsgesellschaft, 2005) 20 at 21. Bales, supra note 19 at 126 - 127. 93 movement dominated by moral reform and feminist interests that began with the anti-white slavery campaign and continues today with the international anti-human trafficking social movement: International Council of Women During the mid 19th century, rapid industrialization significantly impacted western society and elevated social tensions. In particular, it encouraged changes to the traditional role for women in a male dominant society by creating an environment that induced women to seek non-traditional employment opportunities, thereby creating a level of social independence for women not previously enjoyed – the right to participate in civil society as a gender equal. As a result, a number of national women’s societies quickly emerged to help women cope with these changes by focusing on issues which they felt were in need of attention within an industrialized society: temperance, social purity, and the rescue of ‘fallen’ women (prostitutes). The International Council of Women (ICW) was first established in 1888 as an umbrella organization to shepherd the activities of the numerous nationally organized Councils of Women societies, including the National Council of Women of Canada that had emerged in response to the perceived need to help and protect women.27 According to John McLaren, feminist moral reform groups like the National Council of Women (affiliated member of the ICW) and the Women’s Christian Temperance Union used the issues of white slavery and prostitution as a means of advancing their agenda to increase the recognition of women’s political and social rights in Canada.28 Marianna Valverde reinforces 27 28 The International Council of Women, Women in a Changing World – The dynamic story of the International Council of Women since 1988 (London: Routledge & Kegan Paul, 1966) at 10. John McLaren, “The Canadian Magistracy and The Anti-White Slavery Campaign”, in W. Wesley Pue & Barry Wright, eds, Canadian Perspectives on Law & Society: Issues in Legal History (Ottawa: Carleton University Press, 1988) 329 at 329 - 331. 94 McLaren’s view by indicating that prostitution as ‘the’ problem, ‘the social evil’, a major moral issue that needed addressing within Canada as a part of the white slavery panic became an attractive concept to many feminist moral reform groups such as the NCW (ICW) because it permitted various interest groups (feminist and moral reform groups alike), not necessarily in philosophical agreement in many areas, to achieve their respective objectives by means of a shared common purpose.29 In 1909, the ICW held its fourth quinquennial meeting at Toronto which included the holding of ‘a special evening session of the White Slave Traffic Committee designed to encourage ‘respectable’ women everywhere to actively advocate for global social purity.’30 It was felt that without this collective effort on the part of women to seek global moral reform, the victims of white slavery would continue to suffer. And, to reflect their renewed commitment against white slavery, the White Slavery Committee proposed to rename itself during the session and became the Equal Moral Standard and Traffic in Women Committee.31 An American delegation at the Toronto meeting strongly suggested to the participants that only through the securing of universal suffrage for women, could the ICW ever hope to suppress the evils of prostitution.32 The issue of universal suffrage for women, as a means of achieving the objective of social purity, especially in relation to the perceived problem of prostitution, was an important aspect of the international moral reform feminist movement.33 Cynthia Little wrote in her study focused on leading feminist Paulina Luisi (1875 – 1950) of Uruguay, former president of the ICW from 1924 to 1935, that by 1916, the work for women’s suffrage, along with efforts to 29 30 31 32 33 Mariana Valverde, Age of Light, Soap and Water: Moral Reform in English Canada 1885-1925 (Toronto: McClelland & Stewart Inc., 1991) at 89 - 95. ICW, supra note 27 at 33. Ibid at 34. Ibid at 33. Cynthia Little, “Moral Reform and Feminism” (1975) 17:4 Journal of Interamerican Studies and World Affairs 368 at 386 - 397. 95 combat white slavery through the ideal of sustaining one moral global standard, had become entrenched goals of the ICW.34 In 1921, the influence of moral reform feminist organizations internationally took a major step forward when Avril de Sainte-Croix, Vice-President of the ICW, was invited to join the League of Nations Committee for the Prevention of Traffic in Women and Children as the representative of accredited women’s international organizations.35 Mary Kinnear noted that the ICW is considered to be an extremely conservative group among the cadre of international women’s organizations, although she indicates that it has made a concerted effort to be inclusive and non-political. Kinnear attributes this reality in part to its history during which for the first 60 years of its existence, most of the organization’s management was white, middle class or upper class, and Christian. However, she notes that the ICW has moved away from its historical leanings and has moved towards being a more multicultural organization in structure and approach following the election of Mary McGeachy as president in 1963.36 And throughout its evolution, the ICW has had a long history of fruitful interaction with numerous IGOs. For example, the ICW has participated as an active member on the International Labour Organization (ILO) panel of experts on migration; it was one of the first organizations to achieve Consultative Status at the newly formed United Nations (1946); and the ICW has attached a permanent consultant to the Office of the UN High Commissioner for Refugees.37 Today, the ICW is firmly established in many countries around the world strongly advocating for the emancipation of women, with attention to opposing the victimization of women through violence, discrimination, and poverty, as well as their victimization through 34 35 36 37 Ibid. ICW , supra note 27 at 142. Ibid at 210. Ibid at 210 - 233. 96 human trafficking.38 The website for the organization expresses the overarching objective of working with other like minded organizations in order to achieve equality, justice and peace by improving the overall status of women and the well being of society in general. It accomplishes this goal by promoting equal rights, human rights, and the participation of women in decision making positions to ensure international peace and cooperation.39 Salvation Army Founded as an evangelical religious organization by William and Catherine Booth under the banner of the East London Christian Mission in 1865, it adopted the name of the Salvation Army (SA) in 1878. The Booths, infused with a sense of Victorian morality, holiness and revivalism, believed that a staid formal approach to the saving of souls, as exhibited by other formal religious organizations, would only lead to defeat. As a result, free from the restrictions of the governing bodies of settled religions, the Booths introduced a unique approach to converting people to Christianity by incorporating music in the style heard in music halls, by creating an expansive system of active uniformed street preachers (many of whom were women), and by conducting ecstatic evangelical services that enthusiastically embraced conversion. 40 In 1885, the Booths entered into a partnership with journalist, W.T. Stead of the London newspaper, Pall Mall Gazette, with the intent of drawing attention to the emerging issue of innocent white girls being trafficked for the purposes of prostitution.41 At the time, the age of 38 39 40 41 The International Council of Women, “ICW Historical Information” (2010) online: ICW <http://www.icwcif.org/History.htm>. Ibid. Pamela J. Walker, Pulling the Devil’s Kingdom Down: The Salvation Army in Victorian Britain (Los Angeles: University of California Press, 2001) at 1 - 40. Ibid at 137 - 139. See also: Roger J. Green, The Life & Ministry of William Booth – Founder of the Salvation Army, (Nashville: Abindon Press, 2005) at 151 - 157. 97 consent for girls in Britain was set at 13 years of age but it was alleged that girls, as young as 12, were unwilling victims being trafficked into prostitution, sometimes by their families. Thus, the Booths and the SA, in partnership with Stead, collaborated on a series of exposés for the newspaper that revealed this unseemly evil trade that existed in British society.42 The series of newspaper articles were deemed both a success and failure. A success because of the sensationalist tone of the articles (a precursor to the approach of contemporary journalism) that stirred people’s consciences to such an extent that it resulted in a ground swell of public clamour for government action against white slavery.43 This coincided with the Purity Crusade, a 17 day long series of protests and marches during which the SA gathered approximately 400,000 signatures to successfully petition the British government to raise the age of consent for girls.44 However, there was also some backlash against Stead and his sensational journalism because it was determined that his story of a young girl by the name of Eliza Armstrong being trafficked into the world of prostitution was partly based on some real events but it was also determined that several of the claimed events within the story were found to be fictional, and other events were deemed to have actually been staged by Stead and his associates.45 During the subsequent decades, the SA expanded its operations internationally to campaign against white slavery and to become a leading global organization advocating for social-purity through its integration of various aspects of Victorian feminism and evangelical 42 43 44 45 Ibid – Green at 151 - 157. Walker, supra note 40 at 137 - 139. Green, supra note 41 at 155 - 156. See also: Henry Gariepy, Christianity in Action – The International History of The Salvation Army (Grand Rapids, Michigan: William B. Eerdmans Publishing Company, 2009) at 42. Walker, supra note 40 at 137 - 139. 98 Christianity.46 Today, the SA is perceived as an international religious organization with a strong social service function having shed much of the sensational, revivalist approach that was evident during its formative years.47 The SA has recognized the intricate historical connections between white slavery and contemporary trafficking by viewing it as an ongoing war against human trafficking. SA member and historian, Henry Gariepy, recently emphasized this connection between the SA’s work against white slavery and its efforts today to combat human trafficking in a newly published history of the SA: “Now, more than a century after the Army’s first victorious battle with human trafficking, it once again is at war against this evil and is rescuing girls from what has been termed the mother of all women’s issues.”48 And, this viewpoint regarding the linkage between white slavery and human trafficking is also reflected in the ‘history section’ on the SA’s website.49 Among the myriad of programs in which it is involved, the Salvation Army indicates that it currently has several special international anti-human trafficking projects underway in India, Tanzania, Switzerland, the Netherlands, the UK, Bangladesh, Ghana, Canada, and the United States.50 Its anti-trafficking efforts are focused primarily on women and prostitution and it defines sexual trafficking as “the movement of women and children, usually from one country to another but sometimes within a country, for the purposes of prostitution or some other form of 46 47 48 49 50 Ibid at 235 - 244. See also: Gariepy, supra note 44 at 42. Walker, supra note 40 at 242 - 243. Gariepy, supra note 44 at 44. The Salvation Army, “The Army’s History in Fighting Sexual Trafficking” (2010) online: <http://www.salvationarmy.org/ihq/www_sa.nsf/vwsublinks/0E27816C599D728580256E550016A130?op enDocument>. Ibid. 99 sexual slavery.”51 The SA indicates that sexual trafficking can be forced or coerced but they also infer that from their perspective this is not an essential element in order to meet their definition of trafficking.52 Similar to the radical feminist viewpoint, the SA opposes any form of prostitution but for slightly different reasons - a moral/religious objection grounded within a perception that prostitution threatens society’s standard of morality versus the radical feminist concept that all prostitution is a male manufactured exploitation of women in which no woman would voluntarily consent to participate. However, as both groups strongly oppose prostitution, although for distinctively different reasons, it is easy to understand the attraction for both radical feminist organizations and moral reform organizations such as the SA to work collaboratively in a social movement that is focused on anti-prostitution efforts. Woman’s Christian Temperance Union The Woman’s Christian Temperance Union (WCTU) was first formed in 1874 as a result of the growing unrest among American Protestant women towards the consumption of alcohol in American society which was perceived as having a destructive influence on the then male dominated society. Emerging in concert with the social purity crusade that had begun to take shape in the early 1870’s, the WCTU, grounded by a traditional conflation of women and morality and by a doctrine of shared female benevolence, embraced political activism as a means of achieving temperance guided political reforms. It was considered one of the largest female organizations of the 19th century and quickly expanded its activities from a primary goal of 51 52 The Salvation Army, “Opposing and Preventing Global Sexual Trafficking” (2010) online: <http://www.salvationarmy.org/ihq/www_sa.nsf/vwdynamicrrays/B5DD72A243A1150B80256E49006C621E?opendocument>. Ibid. 100 temperance to activities that would achieve a society based on social purity through political social reform.53 By the mid 1880’s, the WCTU had begun to enlarge its area of operations beyond the confines of the US and onto the international stage. Francis Willard and Mary Clement Leavitt, early leaders of the WCTU, along with numerous other members, worked diligently to establish branches of the WCTU in other countries such as Britain and France, while solidifying partnerships with existing foreign temperance and social purity organizations.54 The success of the ability of the WCTU to spread its influence was demonstrated by the first World Woman’s Christian Temperance Union convention that was held in 1891 at Boston which hosted WCTU representatives from around the world, including Australia, Britain, Canada, China, India, and Japan.55 Ian Tyrrell suggests that in spite of the inherent implications of its name, the goal of social purity was of greater prominence and concern within the activities of the members of the WCTU than the issue of temperance. And, he suggests that this was especially true on the international stage where the focus of the WCTU activities were on the ‘fallen woman’ in terms of the organization’s opposition to regulated prostitution and its concern regarding the international issue of white slavery. The WCTU considered prostitution as totally unacceptable, a social evil, often tied to the loss of control by men brought about by the consumption of 53 54 55 Lori Ginzberg, Women and the Work of Benevolence (New Haven: Yale University Press, 1990) at 202 – 206; Ian Tyrrell, Woman’s World/Woman’s Empire – The Woman’s Christian Temperance Union in International Perspective, 1880 – 1930 (Chapel Hill, N.C.: The University of North Carolina Press, 1991) at 191 – 220; Joseph Gusfield, “Social Structure and Moral Reform: A Study of The Woman’s Christian Temperance Union” (1955) American Journal of Sociology 221. Ibid - Tyrrell at 16. Ibid at 35 – 61. 101 alcohol.56 According to David Pivar, William T. Stead, using a similar tactic that he had used in partnership with the Salvation Army in Britain, wrote another series of articles for the Pall Mall Gazette in 1886 that focused on the outrages, sexual exploitation, perpetrated by the tea planters of India upon the ‘coolie’ women that they employed, many of whom were underage. These newspaper articles again generated considerable expressions of outrage across India and led to Indian reformers lobbying the government to raise the ‘age of consent’ as had occurred in Britain. By 1895, the WCTU had firmly established a branch in India and began working aggressively against the trafficking of women and children in partnership with other Indian reform organizations.57 The WCTU’s concern over white slavery grew during the last decades of the 19th century and into the beginning of the 20th century. Much of the organization’s understanding of trafficking was derived from its reliance on the published reports and speeches of journalists and political figures such as William Stead, George Turner of McClure’s Magazine, Clifford Roe, a Chicago prosecutor and O. Edward Janney, president of the then recently created National Vigilance Committee. Janney was invited to speak at the World WCTU Convention that was held in 1909 about the evils of white slavery. During his speech, Janney spoke passionately about how pervasive white slavery was in society warning ... “that no girl was safe in America ... [due to white slavery and] ... your daughter or little sister may be next.” 58 As a consequence of the anti-white slavery campaign, the WCTU became very active politically around the world, using “... the apparatus of government to “protect” women from male excess.”59 And, although their efforts abroad met with mixed success, the WCTU did exert strong political influence 56 57 58 59 Ibid at 35 – 61 and 191 – 192. David Pivar, Purity and Hygiene – Women, Prostitution, and the “American Plan,” 1900 – 1930 (Westport, Connecticut: Greenwood Press, 2002) at 11 – 14. Ibid at 79 - 80. Ginzberg, supra note 53 at 205. 102 during the beginning of the 20th Century. For example, in the US, the WCTU pressured the government of President Theodore Roosevelt into approving the hiring of five female immigration inspectors to assist in the fight against white slavery. This action resulted in the first US government report on the issue of human trafficking which was created by the US Commissioner of Immigration in 1907.60 The longevity of the WCTU, especially after the repeal of prohibition in the US in 1933 has been attributed to the WCTU’s ability to quickly adapt to changing circumstances. Brian Donovan has maintained that the WCTU was a spontaneous ground swell movement that was based on a structure of flexibility and egalitarianism rather than as an organization that is regimented and bureaucratic. As a result, he has suggested that the WCTU, using a social movement strategy of consensus or collective identity mobilization, adapted as circumstances and challenges dictated. According to Donovan, the organization’s focus was on the moral failing or weakness of the individual such that the WCTU approached the issue of temperance through the need to morally sway individuals in conjunction with supportive wide ranging moral reforms to achieve its goals. The problem of alcohol became presented in the context of the broader issue of the moral decline of society, with members spurred on to action through religious imagery. Thus, the repeal of prohibition in the US, certainly a blow to the WCTU’s objectives, did not negate nor undermine their desire to save the individual and in turn society, from moral decay.61 Today, its influence somewhat weakened over time, the WCTU continues to provide a broad platform from which women can voice their concerns, not only about liquor consumption 60 61 Pivar, supra note 57 at 81 – 82. Brian L. Donovan, “Framing and Strategy: Explaining Differential Longevity in the Woman’s Christian Temperance Union and the Anti-Saloon League” (1995) 65 Sociological Inquiry 143. 103 and morality but also about violence against women, prostitution, and gender inequities that exist within society. It has also widened its lobbying efforts beyond those concerned with alcohol abuse to include other forms of substance or social abuse such as drugs, tobacco and gambling, all of which are perceived as socially debilitating, negatively impacting the nuclear family. 62 The WCTU proudly indicates that during its history, it has been opposed to white slavery, prostitution, and brothels.63 And, currently, the WCTU has identified the fight against the trafficking of women and girls for the sex trade as a priority, recently passing an international anti-human trafficking resolution at the 2010 World WCTU Convention held in Norway.64 3.4.2 Pre-Existing International Organizations In 2010, the Union of International Associations estimated that the number of existing international NGOs to be approximately 54,977 of which approximately 21,991 are considered active.65 John Boli and George Thomas, in their research of NGOs, concluded that there has been a steady increase of international NGOs over the past 150 years with a significant upturn following World War II.66 According to Ahmed and Potter, the upsurge in international NGOs is a reflection of the increased development of social movements onto the international stage as a means of achieving broader social change.67 And, as I have argued earlier, the move to the international stage by NGOs has been facilitated and guided by IGOs such as the United Nations 62 63 64 65 66 67 Woman’s Christian Temperance Union Programs identified on WCTU web-site as of 2010, online: <http://www.wctu.org/issues.html>. Woman’s Christian Temperance Union History - Information retrieved from the WCTU web-site history section – online: <http://www.wctu.org/earlyhistory.html> and <http://www.wwctu.com/pages/history3.html>. Woman’s Christian Temperance Union - Information retrieved from the World WCTU web-site, online:: <http://www.wwctu.com/resources_pdf/2010_resolutions.pdf>. Union of International Associations, Yearbook of International Organizations: Guide to Global Civil Society Networks, 2009 – 2010, Volume 2 (Munich: K.G. Saur Verlag, 2010). John Boli and George Thomas, Constructing World Culture: International Nongovernmental Organizations since 1875 (Stanford, CA: Stanford University Press, 1999). See supra note 21 at 21 - 22. 104 which have provided the necessary forum for communicating and advancing shared concerns across a spectrum of social issues, including human trafficking.68 Although IGOs are far fewer in number, estimated at approximately 101 active as of 2006, their influence has been far greater at the international level than most NGOs. In essence, they act as a conduit that facilitates ongoing interaction between the international community and international NGOs on a variety of issues. Most IGOs are subject to a governing body and funding support that includes both state representation and non-government organizational representation which ensures a certain level of autonomy for the IGO while being mandated by the international community to address specific social areas of continuing common concern.69 I have chosen two particular IGOs as representative of the organizations that comprise this category of pre-existing social movement organizations that are active within the international anti-trafficking movement. These two IGOs were created for very specific inter-governmental objectives and functions but both share an ongoing commonality of purpose with respect to the protection of human rights, the fight against labour exploitation, and the shared concerns over irregular migration, all of which are central issues within the human trafficking debates. And, both organizations have a governing body that comprises both state and international NGO oversight. Each of these IGOs, because of the shared commonalty of purpose, has also had some level of interaction with the majority of pre-existing international NGOs that are now focused on the issue of human trafficking such that these two IGOs, I suggest, reflect the majority of voices that have been raised against human trafficking by pre-existing social movement organizations. 68 69 Ibid. Ibid at 75 - 96. 105 International Labour Organization Created on April 11th, 1919 as a part of the peace treaty process following World War 1, the International Labour Organization (ILO) represents the culmination of a shared commitment by the international community (predominantly influenced by the winning Allied countries of France and Britain) to address growing labour issues, including the protection of migrant workers, that were gaining prominence as a result of the rapidly changing work environment brought about by the Industrial Revolution of the 19th Century, in conjunction with the debilitating effects that World War 1 had inflicted on labour. Victor-Yves Ghebali suggests that the ILO was the logical outcome of the growing ideological and political labour turmoil that had grown during the 19th century relative to the increasing human costs faced by workers with respect to the technological changes taking place in the work environment. The ILO was to be guided by the principles of humanity, social justice in labour conditions, and the pursuit of universal world peace.70 As a special funded agency of the then newly created League of Nations, and now the United Nations, the ILO has a governing body comprised of government, employer and worker representatives, with 50 percent of the representation being appointed government representatives selected by the UN on the one side and the other 50 percent equally divided between international non-government employer/worker organizational representation.71 In its early days, the ILO succeeded in having 16 labour Conventions and 18 associated recommendations that dealt directly with conditions of work adopted by the international community. Their zeal for change was suppressed to some extent by world politics as it was felt that these successes by the ILO were resulting in too much change in the work place too rapidly. 70 71 Victor-Yves Ghebali, The International Labour Organization: A Case Study of the Evolution of U.N. Specialised Agencies (Norwell, MA: Kluwer Academic Publishers, 1989) at 1 - 24. Ibid at 143. 106 As a consequence, the world community, in 1926, with the intention of regulating the organization’s political progress in order that countries could adapt to the changing international labour agreements in a more timely fashion, created the ‘Committee of Experts’. This committee provides independent reports on international labour issues to the ILO which focuses the ILO’s activities and fulfills a supervisory component for ILO operations.72 The ILO continued to grow in prominence during the inter-war years but faced considerable challenges in terms of its continued existence as the end of World War II approached. In particular, the international community recognized that unemployment and migration would be the greatest issues they would face following World War II and the question arose as to what role the ILO was to going play, if any, in addressing these issues. Additionally, new organizations such as the United Nations Relief and Rehabilitation Administration (UNRRA) were emerging within the newly created UN and appeared to be usurping the ILO role, heightening the feeling of uncertainty within the ILO. However, the ILO successfully weathered this period of challenge and became a ‘Specialized Agency’ of the UN in May of 1946 with the same governing structure and mandate as existed with the League of Nations.73 In 1946, the ILO took the opportunity to revise its constitution in response to becoming an agency of the UN. One of the most significant constitutional amendments dealt with the inclusion of the need for the ILO to advance the international protection of human rights at every opportunity, a principle that the ILO first declared at the ILO Philadelphia Conference of 1944, 72 73 International Labour Organization, “Origins and History” (2010) online: ILO <http://www.ilo.org/global/About_the_ILO/Origins_and_history/lang--en/index.htm>; See also: International Labour Organization, “Governing Body” (2010) online: ILO <http://www.ilo.org/global/about-the-ilo/how-the-ilo-works/governing-body/lang--en/index.htm>. Anthony Alcock, History of the International Labor Organization (New York: Octagon Books, 1971) at 171 - 205. 107 one of the first times in which the issue of international human rights had been formally raised onto the international stage.74 It is this overarching principle of human rights that I suggest has connected the ILO to all other IGOs and international NGOs that share a similar concern. It is also this principle, in conjunction with the equal concern over labour exploitation as a result of migration that has ensured that the ILO has become an active member of the anti-human trafficking social movement. Today, the ILO continues its efforts to seek social justice and labour rights around the globe. It summarizes those efforts on their website as follows: “The International Labour Organization (ILO) is devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues. In promoting social justice and internationally recognized human and labour rights, the organization continues to pursue its founding mission that labour peace is essential to prosperity. Today, the ILO helps advance the creation of decent jobs and the kinds of economic and working conditions that give working people and business people a stake in lasting peace, prosperity and progress.”75 Through its affiliation with the United Nations since 1946, the ILO has been responsible for the creation and the monitoring of international labour standards, with particular focus upon gender equity within developing countries where poverty, a contributing factor that affects the implementation and maintenance of labour standards, remains deeply entrenched.76 The ILO has a long history of combating all forms of forced labour which is reflected by such achievements 74 75 76 Ghebali, supra note 70 at 61- 63. International Labour Organization, “About the ILO” (2010) online: ILO <http://www.ilo.org/global/About_the_ILO/lang--en/index.htm>. Please note that the web page has been modified slightly since 2010 and the direct quote has been expanded under the ‘Mission and Objective’ portion of the web-site. However, the message is the same. Ibid. Funding for the ILO is provided by the member states, with some limited voluntary contributions from various international NGOs - International Labour Organization, “How the ILO Works” (2010) online: <http://www.ilo.org/global/About_the_ILO/Structure/lang--en/index.htm>. 108 as the 1930 Forced Labour Convention and the Abolition of Forced Labour Convention of 1957.77 In addition, the ILO frequently publishes reports in order to increase public awareness and further public discussion on the issue of labour exploitation as a result of migration and human trafficking.78 In 2009, for example, the ILO worked collaboratively with the European Commission to develop universal operational indicators for the data collection of human trafficking incidents using the Delphi methodology.79 This methodology has since been deployed across Europe in order to provide some consistency in the reporting of human trafficking investigations for data analysis purposes. In keeping with its role within the international governance of labour issues, all of the general material on the ILO’s website is relatively gender neutral and lacks any moralistic/religious based conviction other than to express the organization’s desire to achieve social justice by ensuring that the internationally agreed to standards of working conditions in all countries are upheld. With respect to how it treats and documents human trafficking on its website, the ILO site does not provide an inordinate focus on women and the sex trade, but indirectly does focus attention through a number of ILO publications on the urgent need to 77 78 79 Alcock, supra note 73. See e.g.: International Labour Organization, Forced Labour: Coercion and Exploitation in the private economy, Beate Andrees and Patrick Belser,eds, (International Labour Office Publication, 2009);and International Labour Organization, “The Cost of Coercion” (2009) online: ILO <http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--declaration/documents/publication/wcms_106268.pdf>. The Delphi methodology was developed in the 1950s and is premised upon an expert consensus based methodology for research data collection. See the following for more details: International Labour Organization, “Operational Indicators of Trafficking in Human Beings” (2009) online: ILO <http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--declaration/documents/publication/wcms_105023.pdf>. 109 protect the rights of women who are vulnerable to exploitation through various types of sexual trafficking.80 International Organization of Migration Created in 1951 by European governments as a result of the aftermath of World War II, the IOM, initially known as the Provisional Intergovernmental Committee for the Movement of Migrants from Europe (PICMME), was first mandated to assist European governments with identifying appropriate resettlement countries for the millions of displaced persons (migrants) following World War II. It then proceeded through a succession of name changes over the coming decades as its mandate and responsibilities shifted and expanded, and by 1989, it had become known as the International Organization of Migration.81 Progressing from a European centred organization concerned with relocation of displaced persons, the IOM is now entrusted to work with governments and civil society across the international spectrum for the advancement of migration issues, including social and economic development through migration, while working to protect the human rights and dignity of migrants.82 Kathleen Newland suggests that “the IOM has the broadest mandate for migration issues of any international institution.”83 It is considered a unique organization in that the IOM is a state sponsored and directed international 80 81 82 83 See e.g.: International Labour Organization, “Preventing Discrimination, Exploitation and Abuse of Women Migrant Workers – An Information Guide – Booklet 6, Trafficking of Women and Girls” (Gender Promotion Programme, Geneva: International Labour Organization, 2003). Marianne Ducasse-Rogier, The International Organization for Migration, 1951 – 2001 (Geneva: International Organization for Migration, 2001) at 9 - 21 and 88 - 91. International Organization for Migration, “About the IOM” (2010) online: IOM <http://www.iom.int/jahia/Jahia/about-iom/lang/en>. Kathleen Newland, “The Governance of International Migration: Mechanisms, Processes, and Institutions” (2010) 16 Global Governance 331 at 338. 110 organization but the member states only provide a small percentage of the funding while voluntary contributions comprise its largest sources of funding for operations.84 In 1989, the IOM, in response to considerable changes in migration patterns and trends that had occurred since the organization’s inception, produced the report, Continued Effectiveness of the Organization in View of New Challenges. This report outlined two primary goals for the IOM to the international community: to strengthen its relevance in relation to changing migration trends; and to strengthen its role to assist migrants, refugees and displaced persons globally.85 Of particular concern was the issue of human trafficking as a part of the growing pattern of irregular migration. As a result, since 1990, the IOM has been working collaboratively with numerous governments and international NGOs to promote the prevention of human trafficking while offering assistance and protection to trafficking victims.86 On its website as of 2010, the IOM claims to take “… a comprehensive approach to trafficking in persons within the wider context of managing migration.”87 It indicates that it works in partnership with state government, non-government and other international organizations in order to combat trafficking and the forced migration of people, underpinned by 84 85 86 87 International Organization for Migration, “Organizational Structure” (2010) online: IOM <http://www.iom.int/jahia/Jahia/about-iom/organizational-structure/lang/en>. The management structure consists of a Council as well as an Executive Committee. Member states (127 as of 2010) have at least one representative on the Council and there are 33 member states that comprise the Executive Committee who are elected for a 2 year term. The member states only fund approximately 3 percent of IOM’s annual budget to cover administrative costs while all other activities, predominantly projects, are funded through voluntarily contributions. Expenditures for 2009 exceeded $1 billion. Ducasse-Rogier, supra note 81 at 101. Ibid at 162 -181. International Organization for Migration, “Counter Trafficking” (2010) online: IOM <http://www.iom.int/jahia/Jahia/counter-trafficking>. As Jerome Elie noted in his 2010 article: “The Historical Roots of Cooperation between the UN High Commissioner for Refugees and the International Organization for Migration” (2010) 16 Global Governance 345, and as I myself have experienced during the course of my research, although the IOM has generated a considerable number of publications, there has actually been little academic research published regarding the IOM. 111 the gender neutral objective of protecting human rights. The IOM believes that trafficking is an exploitation of migrants that includes severe forms of human rights violations. The web-site indicates that they have been actively involved in the fight against human trafficking since 1994, implementing 500 related projects in 85 countries, and have directly assisted 15,000 trafficked persons through the provision of such aid as safe shelters, medical support, skill training, and reintegration into their home countries.88 Like the ILO, the IOM has published a considerable amount of information regarding the phenomenon of human trafficking, including routes and trends, causes and consequences within and to society, and the analysis of the structure and operations of criminal organizations that facilitate human trafficking.89 It too has contributed to the development of research tools such as the electronic counter trafficking data management tool known as the Counter Trafficking Module (CTM). Similar to the tool developed by the ILO, this data collection tool purportedly not only captures information about human trafficking investigations in a consistent manner across national boundaries, but also assists through a centrally managed system with the direct 88 89 Ibid. See publications: International Organization for Migration, “Trafficking in women to Japan for sexual exploitation: a survey on the case of Filipino women” (Geneva: IOM, 1997); International Organization for Migration, “Perspectives on Trafficking of Migrants” (2000) 38:3 Special Issue 1/2000 International Migration (Geneva: IOM); International Organization for Migration, “Journey of jeopardy: a review of research on trafficking in women and children in Europe” (2002) IOM Migration Research Series, No. 11; International Organization for Migration, Kosovo, Situation Report: Feb 2000-April 2002, Return and Reintegration Project (Counter Trafficking Unit, Geneva: IOM, 2002); International Organization for Migration, “IOM’s strategy for counter-trafficking activities in Southern Africa” (Pretoria: IOM, 2003); International Organization for Migration, Data and Research on Human Trafficking: A Global Survey (Geneva: IOM, 2005); International Organization for Migration, Legal Review on Trafficking in Persons in the Caribbean: the Bahamas, Barbados, Guyana, Jamaica, the Netherlands Antilles, St Lucia and Suriname (Geneva: IOM, 2005); International Organization for Migration, Caring for Trafficked Persons: Guidance for Health Providers – Chinese (Geneva: IOM, 2009). 112 support to the victim, and the movement and re-integration process of the victim. No validation of this research tool/methodology has yet taken place.90 The IOM has been active in carrying out information campaigns in source and destination countries, including the development and distribution of various guides such as the Direct Assistance for Victims of Trafficking, and has been recently involved in a number of antitrafficking special projects in Ghana, Moldova, Argentine, Viet Nam, Serbia, and Germany.91 Similar to the ILO website, the general material on the IOM site is presented in a relatively gender neutral format, treating the issue of trafficking as a broad issue that involves all forms of forced labour exploitation that has leads to human rights violations. However, the IOM website also provides specific information and publications relative to the trafficking of women and girls for the sex trade which the IOM characterizes as one of ‘the’ major forms of abuse involving migrating women.92 3.4.3 Contemporary International Organizations The two organizations that I have selected for examination in this component of the chapter emerged in concert with the re-birth of human trafficking as an international issue during the 1980s and 1990s. As noted in the literature review of Chapter 2, both organizations reflect the strong feminist influence that exists within the international anti-trafficking movement albeit from a contested position involving the debate over prostitution and a woman’s ‘agency’. The 90 91 92 IOM, supra note 87. Ibid. See e.g.: Rebecca Wynn, “Time to Act to Stop Modern Slave Trade” (2007) online: International Organization of Migration, Africa and Middle East <http://www.iom.int/jahia/Jahia/media/featurestories/featureArticleAF/cache/offonce/lang/en?entryId=13526>; International Organization for Migration. “Who Is the Next Victim? Vulnerability of Young Romanian Women to Trafficking in Human Beings” (IOM Publication, reference number 92-9068-191-8, 2004); International Organization for Migration. “Breaking the Cycle of Vulnerability: Responding to the Health Needs of Trafficked Women in East and Southern Africa” (IOM Publication, reference number 12684, 2006). 113 first organization, the Coalition Against Trafficking in Women (CATW), reflects the strong radical feminist view that all prostitutes are victims of human trafficking because prostitution is a system of gender based domination that encompasses various forms of violence against women. While the other organization examined, the Global Alliance Against the Traffic in Women (GAATW), represents the more moderate and opposing feminist viewpoint that most prostitutes have chosen prostitution as a legitimate profession but recognize that women who have been forced into the profession by traffickers are in need of government action to secure their rescue and protection. Regardless, both organizations in concert with similar feminist organizations, by virtue of their shared philosophical origins and because they command and exert control within the international anti-trafficking movement, have ensured that the movement is focused on the issue of the trafficking of women for the sex trade. However, as discussed in the literature review, it is important to note that radical feminism is presented as the more vocal and influential feminist voice within the international anti-trafficking social movement. McCarthy and Zald argued that the mobilization of resources for a social movement is predicated on the idea that the movement’s successful emergence and continuance depends upon resource availability and the availability of pre-existing organizations of preference structures.93 I am suggesting that the organizations such as those covered in the ‘historical’ and ‘pre-existing’ components of this paper do meet the criteria for resource availability as suggested by McCarthy and Zald. And, I am suggesting that the contemporary international anti-trafficking organizations that emerged during the latter part of the 20th century such as the CATW and the GAATW, in concert with existing international moral reform groups, successfully mobilized the international resources available that span a broad spectrum of interests - social morality, human 93 McCarthy and Zald, supra note 8 at 1236. 114 rights, and migration - into re-establishing the international anti-human trafficking social movement. In line with Myers concept of ‘political opportunity’ for social movement theory, I am also of the view that there is a direct correlation between the success of today’s anti-trafficking movement and its ability to effectively manage the international political opportunities presented within the human trafficking issue relative to the mobilization of resources (individual and organizational).94 This is evidenced by the success that the international anti-trafficking movement has achieved at a number of high profile conferences such as the Fourth World Conference on Women held in Beijing in 1995 in which the movement successfully focused world attention on the issue of women and trafficking.95 At this particular conference, world governments committed to implementing measures to protect women from “.... violence related to exploitation.”96 It is because of the international anti-trafficking social movement’s success at this type of high profile public and political event that I am suggesting it eventually influenced and encouraged the international community to extending the invitation to a number of international anti-trafficking NGOs to directly participate in the UN Committee forum established for the creation of the United Nation Convention against transnational organized crime (2000) and the annexed Trafficking Protocol as outlined in Chapter 2. And, in terms of Bourdieu’s field theory, the 2000 UN Convention demonstrates the result of the interaction and interplay between a social movement, in the form of a social field, and the juridical field, that has occurred at the international level. 94 95 96 Jenkins, supra note 9 at 532. Claire Ribando Seelke and Alison Siskin. Trafficking in People (New York: Novinka Books, 2008) at 23. United Nations, “Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995” (New York: United Nations Publication, 1995) at para 113 (a). 115 Coalition Against Trafficking in Women The feminization of migration that began during the large scale movement of peoples during the 1980’s and into the 1990’s, in response to global economic and political conditions, is suggested as one of the principle catalysts for the renewed interest in human trafficking beyond the faded memory of white slavery. This global migration coincided with the collapse of the former Soviet Union that resulted in the additional movement of people transnationally, especially women, away from eastern European countries towards western democracies in the pursuit of new opportunities.97 According to Jo Doezema, the trigger for the emergence of the international anti-trafficking social movement was the growing awareness by feminist NGOs to the increasing migration of women during a time of globalization and social upheaval, with particular attention to the related social taboo of prostitution.98 Formed in 1988 through the efforts of influential feminist Kathleen Barry, the Coalition Against Trafficking in Women (CATW) was one of the first international feminist NGOs created and designed specifically to combat contemporary human trafficking. According to Doezema and Sullivan, the CATW was established in order to concentrate the efforts of a variety of like minded feminist organizations and individuals that had become interested in the re-emerging issue of women being trafficked transnationally for the purposes of prostitution. One year later, the CATW had firmly established itself as one of the leading influential anti-trafficking NGOs 97 98 Jo Doezema, “Loose Women or Lost Women? The re-emergence of the myth of ‘white slavery’ in contemporary discourses of ‘trafficking in women’” (1999) 1 at 20 – 25, online: Walnet <http://www.walnet.org/csis/papers/doezema-loose.html>; Zdenek Uherek, Klara Skrivankova and Renata Weinerova, “Women Asylum Seekers and Trafficking” (2001) online: United Nations High Commissioner for Refugees <http://www.unhcr.ca/dokumenty/study_women.doc>. Ibid – Doezema at 20 - 28. 116 on the international stage by achieving Consultative Status with the United Nations Economic and Social Council.99 Sullivan has contended that the CATW’s philosophy and principles that guide its operations is premised on radical feminism which she attributes to the founding director of the CATW, Kathleen Barry. According to Sullivan, the radical feminist doctrine that guides the CATW activities is premised on the belief that sexuality is a patriarchal political construct used to dominate and oppress women; that sexual exploitation is fundamentally based upon, and linked to, the objective of the subordination of women by men; and, that the crime of prostitution represents one of the cornerstone forms of the exploitation of women by men.100 To the CATW, prostitution is a clear example of the exploitation of women by men and thus, all prostitutes should be considered and treated as victims of human trafficking.101 The CATW’s beliefs and philosophy regarding prostitution that are linked to its approach to human trafficking reveal one of the deep divisions that exist today within the feminist movement - the issue of a woman’s agency. Can a woman voluntarily choose to be a prostitute? Much of the controversy within the prevailing social construction of human trafficking turns on this question and generates the conflicting opinions among feminists that are played out in the trafficking debates - is prostitution an exploitation of women by men as argued by the CATW or is it a legitimate form 99 100 101 Ibid at 20 - 28; Barbara Sullivan, “Trafficking in Women – Feminism and New International Law” (2003) 5:1 International Feminist Journal of Politics 67 at 71; Coalition Against Trafficking in Women, “An Introduction to the CATW” (2010) online: CATW <http://www.catwinternational.org/about/index.php>; Maruga M.B. Asis, “Human Trafficking in East and South-East Asia: Searching for structural factors”, in Sally Cameron and Edward Newman, eds, Trafficking in humans: social, cultural and political dimensions (New York: United Nations Press, 2008) 181 at 198. Ibid – Sullivan at 69 - 72. Angela Miles, “Prostitution, trafficking and the global sex industry: a conversation with Janice Raymond” (2003) 22 Canadian Woman Studies 26. 117 of employment if entered into voluntarily as suggested by the Global Alliance Against Traffic in Women (GAATW)? It was this problematizing of trafficking in terms of women and prostitution, an historical inheritance of the ‘white slavery panic’ that the CATW carried forward into the committee meetings that preceded the creation of the 2000 UN Trafficking Protocol. At the committee meeting level, the CATW represented a number of international feminist NGOs that argued that no woman would ever freely choose to be a prostitute, creating a philosophical rift with other participating international feminist organizations who did not necessarily share that same viewpoint. An active and vocal participant in the drafting committee meetings for the Convention, the CATW argued that not only should prostitution be defined as a form of human trafficking but that also any type of recruitment or transportation of women for the purposes of prostitution should also be deemed to constitute human trafficking.102 The CATW has indicated that it has actively campaigned against trafficking since the inception of the organization, working tirelessly in various countries to encourage the reform of prostitution laws.103 The organization believes strongly that “... it is a fundamental human right to be free of sexual exploitation in all its forms ... women and girls have the right to sexual integrity and autonomy ... [and that] all prostitution exploits women, regardless of consent.”104 The CATW has participated in numerous awareness campaigns and conferences around the 102 103 104 Claudia Aradau, Rethinking Trafficking in Women: Politics out of Security (New York: Palgrave MacMillan, 2008) at 29 - 30. Coalition Against Trafficking in Women , supra note 99. Ibid. 118 globe, principally to advocate against prostitution, and has published a wide variety of antitrafficking literature.105 Global Alliance Against Traffic in Women The Global Alliance Against Traffic in Women (GAATW), an umbrella international organization that advocates on the part of a number of community based feminist organizations, was established as a result of concerns raised at the 1994 International Workshop on Migration and Traffic in Women that was held in Chiang Mai, Thailand with respect to the direction of the then current human trafficking discourse.106 It was “... born of a collective decision to understand the elements of trafficking from a human rights perspective, in order to improve the lives of trafficked women.”107 Both Sullivan and Doezema contend that the GAATW is the direct result, and the opposing response by a group of moderate feminists, to the radical feminist views and actions infused within the CATW which has had a significant impact on the direction of the trafficking discourse.108 Contrary to the CATW, the GAATW defines prostitution in terms of either forced or voluntary and as a result, it maintains that only forced prostitution should be considered a form of human trafficking. To that end, the GAATW has approached the issue of human trafficking 105 106 107 108 See e.g.: Norma Ramos, “Ontario to Traffickers: We’re Open for Business”, (2010) online: CATW <http://action.web.ca/home/catw/attach/PR%20Ontario%20To%20Traffickers%20%20We¹re%20Open%20For%20Business_10.04.10.pdf>; Monica O’Co
UBC Theses and Dissertations
International human trafficking in Canada : why so few prosecutions? Ferguson, John A. 2012
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